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UNITED STATES v. KLINGER

No. 23, Docket 22387.

199 F.2d 645 (1952)

UNITED STATES v. KLINGER et al.

United States Court of Appeals Second Circuit.

Decided November 3, 1952.

Attorney(s) appearing for the Case

Berman & Berman and Frederic S. Berman, New York City, for Cantor and Klinger.

Louis Bender, New York City, for Sandler.

Robert Martin, New York City, Myles J. Lane, U. S. Atty., New York City, Thomas F. Burchill, Jr., Asst. U. S. Atty, New York City, of counsel, for U. S.

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

L. HAND, Circuit Judge.

The only point which we find it necessary to decide upon these appeals is whether the prosecution was barred by the Statute of Limitation. The convictions were under an indictment found on March 31, 1950, which charged the defendants with conspiracy to "defraud the United States";1 that is, by "impairing, obstructing, or defeating the lawful function of any department of Government",2

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