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UNITED STATES v. LATIN

Nos. 120, 139.

139 F.2d 569 (1943)

UNITED STATES v. LATIN et al.

Circuit Court of Appeals, Second Circuit.

December 20, 1943.

Attorney(s) appearing for the Case

George Hoffenberg, of Rochester, N. Y., for appellant Joseph Paladino.

Henry Epstein, of New York City, and Anthony S. Picciotti, of Rochester, N. Y., for appellant Thomas Latin.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Goodman A. Sarachan, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

The appellants were tried and convicted in the District Court for the Western District of New York on an indictment charging them with having conspired with others to defraud the United States by setting up an unregistered still for the manufacture of alcohol to be possessed and sold without the payment of the stamp taxes required by law.

The principal issue is whether the evidence was sufficient to support the verdict. That it was not...

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