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UNITED STATES v. GIALLO

No. 258, Docket 22675.

206 F.2d 207 (1953)

UNITED STATES v. GIALLO et al.

United States Court of Appeals Second Circuit.

Decided August 20, 1953.

Attorney(s) appearing for the Case

Henry K. Chapman, New York City, for appellants Giallo and Valenti.

Harold J. McAuley, New York City, for appellant Juliano.

J. Edward Lumbard, Jr., U. S. Atty., Southern District of New York, New York City, for appellee; Thomas F. Burchill, Jr., Harold J. Raby, Asst. U. S. Atty., New York City, of counsel.

Before CHASE, CLARK and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The three appellants were convicted after a trial by jury on an indictment charging them with having conspired, contrary to Title 18 U.S.C. § 371, to violate several sections of Title 26 U.S.C. More particularly, the first count, on which they were convicted, charged them with having conspired to operate a distillery, to manufacture distilled spirits without giving bond and to transport distilled spirits in non-tax-paid containers.

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