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ROSE v. UNITED STATES

No. 10445.

149 F.2d 755 (1945)

ROSE et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

June 4, 1945.

Attorney(s) appearing for the Case

Morris Lavine and Benjamin J. Goodman, both of Los Angeles, Cal., for appellants.

Charles H. Carr, U. S. Atty., and James M. Carter and Ernest A. Tolin, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

Benjamin Rose, Louis Vitagliano, and three others were tried and convicted in the district court of violating § 88, Title 18 U.S.C.A. The indictment alleged that they "unlawfully, wilfully, knowingly, corruptly, fraudulently and feloniously" engaged in a conspiracy, beginning about December 12, 1941, and continuing until the return of the indictment, "to commit offenses against the United States, that is to say, to sell, trade, lease...

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