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UNITED STATES v. MARINO

No. 301.

141 F.2d 771 (1944)

UNITED STATES v. MARINO et al.

Circuit Court of Appeals, Second Circuit.

March 27, 1944.

Attorney(s) appearing for the Case

J. Bertram Wegman, of New York City (Emanuel H. Reichart, of New York City, on the brief), for defendants-appellants.

Mario Pittoni, Asst. U.S. Atty., of Brooklyn, N. Y. (Harold M. Kennedy, U. S. Atty., and Vine H. Smith, Asst. U.S. Atty., both of Brooklyn, N. Y., on the brief), for the United States, plaintiff-appellee.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

When agents of the Alcohol Tax Unit on December 26, 1942, observed defendant Marino taking a carton from the back seat of an automobile in which both defendants had been riding, they proceeded to investigate and found that in the carton was an unstamped can containing about 3½ gallons of ethyl alcohol, 89.37% by volume, fit for beverage purposes, i.e., pure bootleg alcohol. In view of the basic proof thus presented of possession and transportation...

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