UNITED STATES v. SPAGNUOLO

No. 285, Docket 20992.

168 F.2d 768 (1948)

UNITED STATES v. SPAGNUOLO.

Circuit Court of Appeals, Second Circuit.

June 23, 1948.


Attorney(s) appearing for the Case

Joseph Aronstein, of New York City, for defendant-appellant.

Roy M. Cohn, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., and Robert Mitchell and Bruno Schachner, Asst. U. S. Attys., all of New York City, on the brief), for plaintiff-appellee.

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


CLARK, Circuit Judge.

The defendant attacks his conviction below particularly because of asserted failure to prove his possession of the distilled spirits which were discovered with only counterfeit revenue stamps upon them, in violation of 26 U.S.C.A.Int.Rev.Code, § 2803(a, g). Upon the trial to the jury the principal witness for the prosecution was one Howard Johnson, a bartender, who testified that some months before the day in question he had bought liquor...

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