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O'ROURKE v. UNITED STATES

Nos. 5274-5276.

248 F.2d 812 (1957)

Paul E. O'ROURKE, Defendant, Appellant, v. UNITED STATES of America, Appellee. Warren T. DEWAN, Defendant, Appellant, v. UNITED STATES of America, Appellee. Anthony DI GANGI, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided October 25, 1957.

Attorney(s) appearing for the Case

William P. Homans, Jr., Boston, Mass., for appellant Paul E. O'Rourke.

Leonard J. Mullen, Jr., Cambridge, Mass., for appellant Warren T. Dewan.

Robert F. White, Boston, Mass., for appellant Anthony DiGangi.

Charles F. Barrett, Asst. U. S. Atty., Cambridge Mass., with whom Anthony Julian, U. S. Atty., and William J. Koen, Asst. U. S. Atty., Boston, Mass., were on the brief, for appellee.

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

MAGRUDER, Chief Judge.

Appellants and others were tried together upon a number of indictments charging conspiracy to use the mails to defraud, contrary to 18 U.S.C. § 371, and charging various substantive offenses of using the mails to defraud, contrary to 18 U.S.C. § 1341. After a lengthy trial the jury, having been directed to render verdicts of acquittal in favor of defendant DiGangi on the indictments charging substantive offenses, brought in a verdict...

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