UNITED STATES v. SMOLIN

No. 216, Docket 21649.

182 F.2d 782 (1950)

UNITED STATES v. SMOLIN.

United States Court of Appeals Second Circuit.

Decided June 12, 1950.


Attorney(s) appearing for the Case

Irving H. Saypol, United States Attorney, New York City, for appellee, Bruno Schachner, Frederick H. Block, John M. Cunneen, Assistant United States Attorneys, all of New York City, of counsel.

Herbert Zelenko, New York City, Richard C. Machinski, Brooklyn, N. Y., for appellant.

Before SWAN, AUGUSTUS N. HAND and CHASE, Circuit Judges.


CHASE, Circuit Judge.

This appeal is from a conviction after trial by jury on an indictment in two counts filed December 22, 1948.

The first count charged the appellant and four others, Vito Hordon Cordo, Arthur Lief, Pasquale William Di Pinto, and Sam Schatz, with the substantive crime of possessing goods they knew had been stolen while a part of an interstate shipment of freight. The second count charged the same defendants and others unknown with conspiring...

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