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UNITED STATES v. O'CONNELL

No. 140, Docket 20842.

165 F.2d 697 (1948)

UNITED STATES v. O'CONNELL et al.

Circuit Court of Appeals, Second Circuit.

Writ of Certiorari Denied March 29, 1948.

Attorney(s) appearing for the Case

Sol Gelb and Herbert Zelenko, both of New York City, for appellants.

John F. X. McGohey, U. S. Atty., of New York City (Bruno Schachner, John C. Hilly and Frederick H. Block, Asst. U. S. Attys., all of New York City, of counsel), for appellee.

Before SWAN, CHASE and FRANK, Circuit Judges.

Writ of Certiorari Denied March 29, 1948. See 68 S.Ct. 744.

SWAN, Circuit Judge.

Upon trial to a jury the four appellants were convicted under an indictment which charged them with conspiring to violate section 409 of Title 18 U.S.C.A. The statute in effect during the alleged conspiracy provided, in so far as relevant, that "whoever shall steal or shall unlawfully take by any fraudulent device, scheme, or game, from any * * * dining car * * * when such car...

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