UNITED STATES v. BARRASSO

Nos. 12778, 12779.

267 F.2d 908 (1959)

UNITED STATES of America v. Biaggio BARRASSO and Philip Cuttone, Appellants.

United States Court of Appeals Third Circuit.

Decided June 17, 1959.


Attorney(s) appearing for the Case

Samuel D. Bozza, Newark, N. J., for appellants.

Michael A. Querques, Asst. U. S. Atty., Newark, N. J. (Chester A. Weidenburner, U. S. Atty., Newark, N. J., on the brief), for the United States.

Before McLAUGHLIN and HASTIE, Circuit Judges, and MORRILL, District Judge.


HASTIE, Circuit Judge.

Two men, Barrasso and Cuttone, are here appealing from their conviction of the crimes of robbing and conspiring to rob a bank. They complain of the instructions given to the jury, as well as the court's failure to give requested instructions, concerning their defense of alibi and concerning the credibility of one Fergerson, a very important prosecution witness.

The witness Fergerson testified against the appellants after an earlier separate...

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