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UNITED STATES v. FARINA

No. 89, Docket 23210.

218 F.2d 62 (1954)

UNITED STATES of America, Appellee, v. Antonino FARINA, Appellant.

United States Court of Appeals Second Circuit.

Decided December 3, 1954.

Attorney(s) appearing for the Case

Anthony A. Calandra, Newark, N. J., (Louis Mansdorf, New York City, of counsel), for appellant.

J. Edward Lumbard, U. S. Atty., for the Southern Dist. of New York, New York City (Peter M. Brown and Robert P. Patterson, Jr., New York City, of counsel), for appellee.

Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.

FRANK, Circuit Judge.

Three counts of the indictment under which appellant was tried charged Roger Coudert with illegal possession and distribution of heroin. The fourth count charged that Farina and Coudert conspired together to sell heroin. Coudert's conviction on all counts is not appealed.

The government argues that from the evidence the jury could reasonably find the following:

Coudert and Farina were...

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