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McGINNIS v. UNITED STATES

Nos. 5020-5023.

227 F.2d 598 (1955)

Joseph F. McGINNIS, Defendant, Appellant, v. UNITED STATES of America, Appellee. Alfio COSTANZO, Defendant, Appellant, v. UNITED STATES of America, Appellee. John P. SULLIVAN, Defendant, Appellant, v. UNITED STATES of America, Appellee. Sydney R. McTAVISH, w.a. James McGuire, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

December 1, 1955.

Attorney(s) appearing for the Case

Reuben Goodman, Boston, Mass., with whom Paul T. Smith, Manuel Katz and Joseph T. Doyle, Boston, Mass., were on brief, for Joseph F. McGinnis and Sydney R. McTavish, etc., appellants.

Michael T. Stella, Lawrence, Mass., for Alfio Costanzo, appellant.

John P. Sullivan, pro se, submitted on the record and brief for other appellants by leave of court.

Arthur J. Reinhart, Asst. U. S. Atty., Portsmouth, N. H., with whom Maurice P. Bois, U. S. Atty., Concord, N. H., was on the brief, for appellee.

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

HARTIGAN, Circuit Judge.

These are appeals by the defendants from judgments entered by the United States District Court for the District of New Hampshire on March 25, 1955, based on verdicts of guilty returned by the jury on the first count of a two count indictment.

The first count charged the defendants, Joseph F. McGinnis, Alfio Costanzo, John P. Sullivan and Sydney R. McTavish, w. a. James McGuire "* * * did have and possess property intended for use in...

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