BILLECI v. UNITED STATES

Nos. 10525, 10526.

184 F.2d 394 (1950)

BILLECI v. UNITED STATES. LEWIS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided August 2, 1950.


Attorney(s) appearing for the Case

Mr. Myron G. Ehrlich, Washington, D. C., with whom Mr. Joseph Sitnick, Washington, D. C., was on the brief, for appellant Billeci.

Mr. William H. Collins, Washington, D. C., with whom Mr. Bernard Margolius, Washington, D. C., was on the brief, for appellant Lewis.

Mr. William Hitz, Assistant United States Attorney, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and Edward L. Carey and Robert M. Scott, Assistant United States Attorneys, all of Washington, D. C., were on the brief, for appellee. Mr. L. Clark Ewing, Assistant United States Attorney, Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, PRETTYMAN and PROCTOR, Circuit Judges.


PRETTYMAN, Circuit Judge.

Appellants were indicted for violation of a statute which provides that, if any person shall within the District of Columbia be concerned in any manner in managing or carrying on a lottery, upon conviction he shall be fined or imprisoned or both.1 The indictment in full was:

"The Additional Grand Jury empaneled and sworn in May 1948 charges:

"During the...

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