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UNITED STATES v. PERILLO

No. 66, Docket 20735.

164 F.2d 645 (1947)

UNITED STATES v. PERILLO et al.

Circuit Court of Appeals, Second Circuit.

December 3, 1947.

Attorney(s) appearing for the Case

Henry K. Chapman, of New York City, for appellant.

John F. X. McGohey, U. S. Atty., of New York City (Bruno Schachner, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

CHASE, Circuit Judge.

After a jury trial in the District Court for the Southern District of New York the appellant and one Perillo were convicted and sentenced on one count of an indictment charging violations of two sections of the Narcotic Importation Act, 21 U.S.C.A. §§ 173, 174, and also on a second count charging violation of 18 U.S.C.A. § 88 by conspiring to commit the substantive offense. The appeal is based mainly upon the claimed insufficiency...

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