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O'MALLEY v. UNITED STATES

Nos. 4953, 4954.

227 F.2d 332 (1955)

Louis J. O'MALLEY, Defendant, Appellant, v. UNITED STATES of America, Appellee. Joseph MOFFIE et al., Defendants, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

November 23, 1955.

Attorney(s) appearing for the Case

Wm. Shaw McCallum and Vincent R. Brogna, Boston, Mass., for Louis J. O'Malley, appellant.

Edward E. Cohen, Boston, Mass., for Joseph Moffie et al., appellants.

Daniel Needham, Jr., Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., Boston, Mass., was on brief, for appellee.

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

MAGRUDER, Chief Judge.

The three appellants herein have taken appeals from judgments of conviction entered pursuant to jury verdicts after a trial on an indictment in four counts. The first count, based upon 18 U.S.C. § 371, charged the defendants with having engaged in an unlawful conspiracy during the period March 10, 1950, to March 1, 1952, to commit offenses against the United States denounced in 18 U.S.C. §...

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