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UNITED STATES v. SCHAFFER

No. 160, Docket 25328.

266 F.2d 435 (1959)

UNITED STATES of America, Appellee, v. Max SCHAFFER, Norman Schaffer, Benjamin T. Marco and Hyman Karp, Defendants-Appellants, Anthony Stracuzza, Mario Stracuzza and Dorothy Stracuzza, Defendants.

United States Court of Appeals Second Circuit.

Decided April 21, 1959.

Attorney(s) appearing for the Case

John T. Moran, Jr., Asst. U. S. Atty., New York City (Arthur H. Christy, U. S. Atty., and George I. Gordon, Asst. U. S. Atty., New York City, N. Y., on the brief), for appellee.

Jacob Kossman, Philadelphia, Pa. (Irving W. Coleman, Northampton, Pa., on the brief), for Max Schaffer and Norman Schaffer, defendants-appellants.

Harris B. Steinberg, New York City, for Hyman Karp and Benjamin T. Marco, defendants-appellants.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge:

Defendants-appellants Max Schaffer, Norman Schaffer, Benjamin T. Marco, and Hyman Karp were convicted of violating Section 2314 of title 18 United States Code by knowingly transporting stolen merchandise consisting of ladies' and children's wearing apparel of a value in excess of $5,000 in interstate commerce.1 Appellants were tried together to a jury on two indictments, only the first of which is relevant here....

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