UNITED STATES v. D'ERCOLE

No. 345, Docket 23677.

225 F.2d 611 (1955)

UNITED STATES of America, Appellee, v. Joseph D'ERCOLE and Marty Russo, Defendant-Appellants.

United States Court of Appeals Second Circuit.

Decided August 9, 1955.


Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., for the Southern District of N. Y., for appellee, Gabriel B. Schwartz, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

Arnold D. Roseman, New York City, for defendant-appellant, Joseph D'Ercole.

Robert Mitchell, New York City, for appellant, Marty Russo.

Before CHASE and MEDINA, Circuit Judges, and RYAN, District Judge.


CHASE, Circuit Judge.

Appellant Russo, who was convicted only on the conspiracy count, relies for reversal principally upon an asserted variance between the allegations in that count, which alleged a single conspiracy in which he and the appellant D'Ercole participated with eight other named co-conspirators and with others unknown, to violate 18 U.S.C. § 2312, and the evidence, which he contends proved not one conspiracy but several.

Three of the alleged...

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