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UNITED STATES v. SIMONE

No. 236, Docket 22619.

205 F.2d 480 (1953)

UNITED STATES v. SIMONE et al.

United States Court of Appeals Second Circuit.

Decided June 15, 1953.

Attorney(s) appearing for the Case

Sabbatino & Todarelli, New York City, and Thomas J. Todarelli, New York City, for Simone, Farro and Cortesi, appellants; Peter L. F. Sabbatino, Edward A. Fischetti and Vincent DePaul Starace, New York City, of counsel.

Vine H. Smith, Brooklyn, N. Y., for Melito, appellant.

J. Edward Lumbard, U. S. Atty., New York City, for appellee; Norman S. Beier, Asst. U. S. Atty., New York City, of counsel.

Before SWAN, Chief Judge, and CHASE and CLARK, Circuit Judges.

SWAN, Chief Judge.

The four appellants, together with three co-defendants, were brought to trial upon an indictment which charged them in count one with stealing from a motor truck merchandise constituting an interstate shipment of freight;1 in count two with entering with larcenous intent a motor truck containing such freight;2 and in count three with conspiracy3 to commit these...

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