UNITED STATES v. SABELLA

No. 116, Docket 25767.

272 F.2d 206 (1959)

UNITED STATES of America, Appellee, v. Dominick SABELLA and Charles LaCascia, Appellants.

United States Court of Appeals Second Circuit.

Decided November 13, 1959.


Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y. (Marie L. McCann, Asst. U. S. Atty., Brooklyn, N. Y., on brief), for appellee.

Menahem Stim, New York City, for appellant, Sabella.

Maurice Edelbaum, New York City, submitted a brief for appellant, LaCascia.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.


FRIENDLY, Circuit Judge.

An inadvertent error made by Congress in 1954 in recasting the provisions of the Internal Revenue Code relating to the sale of narcotics has given rise to the problems in the law of double jeopardy which this case presents. Reluctant as we are that two guilty defendants should profit from a mistake that has in no wise prejudiced them, we think their pleas of double jeopardy should have been sustained and accordingly reverse the judgments convicting...

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