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UNITED STATES v. DI ORIO

No. 8782.

150 F.2d 938 (1945)

UNITED STATES v. DI ORIO.

Circuit Court of Appeals, Third Circuit.

Decided August 14, 1945.

Attorney(s) appearing for the Case

Harold Simandl, of Newark, N. J. (Anthony A. Calandra, of Newark, N. J., on the brief), for appellant.

Grover C. Richman, Sr., Asst. U.S. Atty., of Camden, N. J. (Thorn Lord, U. S. Atty., of Newark, N. J., on the brief), for appellee.

Before BIGGS, WALLER, and McLAUGHLIN, Circuit Judges.

WALLER, Circuit Judge.

At or about 3:45 on the afternoon of April 26, 1944, several state officers found an illicit moonshine still in the horse barn on the Carkhuff farm in Somerset County, New Jersey. Secreting themselves, they watched and waited until approximately six o'clock, when one Stanley Pawlowski appeared on the scene and was arrested. At or about nine o'clock that night hidden officers saw the lights of an automobile as it approached the point where the...

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