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UNITED STATES v. CHIRCO

No. 34, Docket 25587.

273 F.2d 708 (1959)

UNITED STATES of America, Appellee, v. Larry CHIRCO, Appellant.

United States Court of Appeals Second Circuit.

Decided December 28, 1959.

Attorney(s) appearing for the Case

George P. Kosefas, New York City (George R. Spitz, New York City, on the brief), for appellant.

David R. Hyde, Asst. U. S. Atty., Southern Dist. of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., Southern Dist. of New York, Kevin Thomas Duffy, Asst. U. S. Atty., Southern Dist. of New York, New York City, on the brief), for appellee.

Before CLARK and MOORE, Circuit Judges, and SMITH, District Judge.

PER CURIAM.

Defendant, Larry Chirco, with Anthony Lombardi and Paul Gangi, was indicted for conspiring to deal in narcotics in violation of 21 U.S.C.A. §§ 173, 174 between August 15, 1958 and the date of the indictment (October 22, 1958). The defendants Lombardi and Gangi were also charged under a substantive count with the sale of narcotics. Lombardi entered a plea of guilty and, at the conclusion of the trial, Gangi was acquitted by the jury. The jury...

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