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UNITED STATES v. CIPULLO

No. 65, Docket 21094.

170 F.2d 311 (1948)

UNITED STATES v. CIPULLO.

United States Court of Appeals Second Circuit.

October 28, 1948.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty., of New York City (Frederick H. Block, William M. Regan and Saul S. Sharison, Asst. U. S. Attys., all of New York City, of counsel), for plaintiff-appellee.

Abraham Lebenkoff, of New York City, John M. Smith, Jr., and Welsh, Watson & Smith, all of Philadelphia, Pa., for defendant-appellant.

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

AUGUSTUS N. HAND, Circuit Judge:

The appellant Cipullo seeks reversal of his conviction under Counts 1 and 2 of the indictment solely on the ground of errors said to have been committed by the trial judge. There were three such alleged errors:

(1) The admission of a photostatic copy of an affidavit purporting to have been signed by Cipullo's employer Eisner. This affidavit, sworn to November 30, 1944, stated that...

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