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UNITED STATES v. MARZANO

No. 323.

149 F.2d 923 (1945)

UNITED STATES v. MARZANO.

Circuit Court of Appeals, Second Circuit.

June 4, 1945.

Attorney(s) appearing for the Case

David V. Cahill, of New York City, and Louis J. Castellano, of Brooklyn, for appellant.

Clayton D. Hollinger and John F. X. McGohey, U. S. Atty. for Southern District of New York, both of New York City, for appellee.

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

L. HAND, Circuit Judge.

Marzano, the appellant, was convicted of selling morphine, and, under a separate indictment, of conspiring with two others — Tessalone and Sperduto — to do the same thing. Tessalone and Sperduto pleaded guilty, and the two indictments were consolidated upon the trial. Marzano raises several points upon this appeal, all but one of which are without merit, and which we may dispose of summarily at the outset. It was so plainly proper...

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