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UNITED STATES v. TOMMASELLO

No. 163, Docket 20458.

160 F.2d 348 (1947)

UNITED STATES v. TOMMASELLO.

Circuit Court of Appeals, Second Circuit.

February 28, 1947.

Attorney(s) appearing for the Case

Benjamin R. Leinhardt, of Brooklyn, N. Y., for defendant-appellant Tommasello.

J. Vincent Keogh, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and Matthew F. Fagan, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for plaintiff-appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The defendant, a licensed physician, was convicted by a jury and sentenced to eighteen months imprisonment under the second count of the indictment which charged him as follows:

"That Stanley Tommasello, hereinafter called the defendant, on or about the 19th day of March, 1945, in the County of Kings, City, State and Eastern District of New York, and within the jurisdiction of this...

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