UNITED STATES v. BIRNBAUM


55 F.Supp. 356 (1944)

UNITED STATES v. BIRNBAUM.

District Court, S. D. New York.

February 2, 1944.


Attorney(s) appearing for the Case

James B. M. McNally and J. Gerard Cregan, both of New York City, for United States.

Sherman & Goldring, of New York City (Carl Sherman, of New York City, of counsel), for defendant.


RIFKIND, District Judge.

At the close of defendant's case, six of the nine counts of the indictment were dismissed because the evidence failed to show that the crimes charged in the indictment had been committed. Counts one, six and nine remained. The first count charged the defendant with a violation of Title 8, § 220(a), U.S.C.A., in that on March 28, 1940, in the Southern District of New York, he knowingly and wilfully possessed and used an immigration visa...

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