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UNITED STATES v. LABATE

Nos. 12818, 12819.

270 F.2d 122 (1959)

UNITED STATES of America v. Francis LABATE, Joseph P. Ballard, Francis Jack Kesting, Harry Deering, Harry H. Nonnemacker, Jr., Aaron Sussman, Harry Nassau, Maurice Herbert Chamberland, Harry Chorney, Charles F. Spalazzo, Aaron Sussman, Appellant. UNITED STATES of America v. Francis LABATE, Joseph P. Ballard, Francis Jack Kesting, Harry Deering, Harry H. Nonnemacker, Jr., Aaron Sussman, Harry Nassau, Maurice Herbert Chamberland, Harry Chorney, Charles F. Spalazzo, Harry D. Nassau, Appellant.

United States Court of Appeals Third Circuit.

Decided August 21, 1959.

Certiorari Denied November 23, 1959.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City, for appellants.

Joseph L. McGlynn, Jr., Asst. U. S. Atty., Philadelphia, Pa. (Harold K. Wood, U. S. Atty., Norman C. Henss, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and STALEY, Circuit Judges.

Certiorari Denied November 23, 1959. See 80 S.Ct. 211.

BIGGS, Chief Judge.

These appeals can be disposed of in one opinion since they involved the same criminal proceedings in the court below. The defendants-appellants have raised six issues, any one of which they assert, furnishes an adequate basis for a new trial. Five of these issues were dealt with most competently and disposed of correctly contrary to the appellants' assertions, in the thoughtful opinion...

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