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UNITED STATES v. WARD

Nos. 9530-9532.

168 F.2d 226 (1948)

UNITED STATES v. WARD. SAME v. CIPULLO. SAME v. HOGAN.

Circuit Court of Appeals, Third Circuit.

Decided May 12, 1948.

Attorney(s) appearing for the Case

John M. Smith, Jr., of Philadelphia, Pa., for appellant Ward.

Henry Weiss, of Philadelphia, Pa., for appellant Cipullo.

John W. Bohlen, of Philadelphia, Pa., for appellant Hogan.

Asher W. Schwartz, Sp. Asst. to Atty. Gen. (Gerald A. Gleeson, U. S. Atty., and Edward A. Kallick, Asst. U. S. Atty., both of Philadelphia, Pa., on the brief), for respondent.

Before GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.

GOODRICH, Circuit Judge.

Three defendants, Charles Hogan, Thomas B. Ward and Frank Cipullo, were indicted, tried and convicted of the substantive offense of defrauding the United States. 35 Stat. 1095 (1909), 40 Stat. 1015 (1918), 48 Stat. 996 (1934), 52 Stat. 197 (1938), 18 U.S.C.A. § 80. The three were tried together, although indicted separately and all three have appealed.

I. Charles Hogan.

This defendant's case presents a feature not present...

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