TENORE v. UNITED STATES

No. 4748.

207 F.2d 565 (1953)

TENORE v. UNITED STATES.

United States Court of Appeals First Circuit.

October 29, 1953.


Attorney(s) appearing for the Case

David Lavien, Boston, Mass. (Samuel Green and Green, Green, Romprey & Sullivan, Manchester, N. H., with him on the brief), for appellant.

D. Frederick O'Connor, Asst. U. S. Atty., Manchester, N. H., (Robert D. Branch, Asst. U. S. Atty., Concord, N. H., with him on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


WOODBURY, Circuit Judge.

This is an appeal from a judgment sentencing the defendant to a fine and imprisonment after a jury had found him guilty as charged in an indictment for conspiracy laid under Title 18 U.S.C. § 371 to violate Title 26 U.S.C. §§ 2810, 2833, 3321, the first paragraph of § 2834 and § 2803 (a), that is to say, conspiracy to operate a still in violation of federal law.

Federal enforcement officers kept the Morelli...

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