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UNITED STATES v. CHIARELLA

No. 48, Docket 21741.

187 F.2d 12 (1951)

UNITED STATES v. CHIARELLA et al.

United States Court of Appeals Second Circuit.

Decided January 5, 1951.

Petition of Prosecution for Rehearing Denied February 6, 1951.

Attorney(s) appearing for the Case

Michael P. Direnzo, New York City, for appellant Vincent Palmisano.

David J. Paully, New York City, for appellant Anthony Pietraniello.

Mordecai M. Merker, New York City, for appellant John J. Stancin.

Abraham V. Kaplan, New York City, for appellant Anthony Chiarella.

Irving H. Saypol, U. S. Atty., New York City (Myles J. Lane, Bruno Schachner, Robert M. Reagan, New York City, of counsel), for the United States.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

PER CURIAM.

In accordance with the leave which we gave when we affirmed the convictions, the parties have now filed their briefs upon the point which we then raised of our own motion: i.e. whether Counts One and Two do not duplicate each other, and whether each does not duplicate Count Three. Count Two was for "keeping in possession" counterfeit money "with intent to defraud," and 18 U.S.C.A. § 472 makes that an offence alternative to passing, uttering...

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