POLIAFICO v. UNITED STATES

Nos. 12476-12484.

237 F.2d 97 (1956)

Sylvester POLIAFICO, alias Sam Polo, Appellant, v. UNITED STATES of America, Appellee. Salvatore LAZZARO, alias Sal, alias Trippo, Appellant, v. UNITED STATES of America, Appellee. Nunzio ROMANO, alias Nunzie, Appellant, v. UNITED STATES of America, Appellee. Ben YOSLOVITZ, alias Benny Farmer, Appellant, v. UNITED STATES of America, Appellee. Anthony CRISCI, alias Tony Crish, Appellant, v. UNITED STATES of America, Appellee. Harry RICCOBENE, alias Anthony DiMarco, Appellant, v. UNITED STATES of America, Appellee. Salvatore PIERI, alias Sam Pieri, Appellant, v. UNITED STATES of America, Appellee. Michael ERRA, Appellant, v. UNITED STATES of America, Appellee. Anthony NASELLI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

As Amended November 26, 1956.


Attorney(s) appearing for the Case

Henry C. Lavine, Cleveland, Ohio, William D. O'Neill and Nathan D. Seeberg, Buffalo, N. Y., on the brief, for Sylvester Poliafico and Anthony Naselli.

Jacob W. Friedman, New York City, for Salvatore Lazzaro and Nunzio Romano.

Frank Steel, Akron, Ohio, for Ben Yoslovitz.

George J. Todaro, New York City, for Anthony Crisci.

William J. Dammarell, Cincinnati, Ohio, Jacob Kossman, Philadelphia, Pa., on the brief, for Harry Riccobene.

William D. O'Neill, Buffalo, N. Y., Henry Lavine, Cleveland, Ohio, and Nathan D. Seeberg, Buffalo, N. Y., on the brief, for Salvatore Pieri and Michael Erra.

Eben H. Cockley, Cleveland, Ohio, Sumner Canary, Cleveland Ohio, on the brief, for United States.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

All of the appellants were indicted for conspiracy to violate the narcotic laws,1 and a number of them were also charged with various substantive offenses involving violations of the same laws. The conspiracy was, as claimed by the government, widespread and long continued, involving many persons. Eighteen of the twenty defendants actually went to trial. An order of...

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