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UNITED STATES v. TONER

No. 9718.

173 F.2d 140 (1949)

UNITED STATES v. TONER.

United States Court of Appeals Third Circuit.

Decided February 11, 1949.

Attorney(s) appearing for the Case

Thomas D. McBride, of Philadelphia, Pa. (David Berger, of Philadelphia, Pa., Wilfred R. Lorry, Charles Lakatos and Freedman, Landy & Lorry, all of Philadelphia, Pa., on the brief), for appellant.

Leon J. Fox, Asst. U. S. Atty., of Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., on the brief), for appellee.

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

GOODRICH, Circuit Judge.

This is a war frauds case. The defendant was indicted and convicted on six counts for conspiracy and substantive offenses.1 Upon appeal he makes several points.

1. The Trial Court's instruction concerning codefendant. Defendant was originally indicted with one, John F. McLaughlin. Immediately before trial McLaughlin pleaded nolo contendere. After the Trial Judge...

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