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SORRENTINO v. UNITED STATES

No. 11533.

163 F.2d 627 (1947)

SORRENTINO v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 17, 1947.

Attorney(s) appearing for the Case

Walter H. Duane, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and James T. Davis, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before MATHEWS, STEPHENS, and ORR, Circuit Judges.

MATHEWS, Circuit Judge.

Appellant, Stephen Sorrentino, also known as Vincent Sorrentino, was indicted in two counts. Count 1 was based on 26 U.S.C.A. Int.Rev.Code, §§ 2550(a), 2553 (a) and 2557(b)(1).1 It alleged that appellant, "on or about the 16th day of August, 1945, in the City and County of San Francisco, State of California, unlawfully did sell, dispense and distribute not in or from the original stamped package, a lot...

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