UNITED STATES v. BACKER

No. 119.

134 F.2d 533 (1943)

UNITED STATES v. BACKER et al.

Circuit Court of Appeals, Second Circuit.

April 6, 1943.


Attorney(s) appearing for the Case

Samuel L. Wallerstein, of New York City (Harold Harper and Vincent P. Uihlein, both of New York City, of counsel), for defendant-appellant.

Mathias F. Correa, U. S. Atty., and Clayton D. Hollinger, both of New York City, for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


CHASE, Circuit Judge.

Appellant Backer was convicted in the District Court for the Southern District of New York after a trial by court, a jury having been expressly waived, upon each of two counts in an information. There was a severance as to another defendant which left the appellant the sole defendant tried.

The information charged in the first count the willful infringement for profit, in violation of § 28 of the Copyright Act, 17 U.S.C.A. §...

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