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UNITED STATES v. STALLINGS

No. 214, Docket 25988.

273 F.2d 740 (1960)

UNITED STATES of America, Appellee, v. Samuel STALLINGS and Hugh Godette, Appellants.

United States Court of Appeals Second Circuit.

Decided January 8, 1960.

Attorney(s) appearing for the Case

Frances Thaddeus Wolff, Brooklyn, N. Y. (Jerome Lewis, Brooklyn, N. Y., on the brief), for appellants.

Lawrence P. McGauley, Asst. U. S. Atty., S. D. New York, Little Neck, N. Y. (S. Hazard Gillespie, Jr., U. S. Atty., Allen McGrath, Asst. U. S. Atty., Kew Gardens, N. Y., and Gideon Cashman, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and SWAN and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

This appeal raises questions regarding rulings on evidence and failure of the judge to charge with respect to a plea of guilty by a codefendant. We find no error and affirm the convictions.

The appellants Stallings and Godette were convicted after trial before a jury for the illegal distillation of whiskey and the running of an unlicensed still in Orange County, New York, in violation of 26 U.S.C. §§ 2833, 2810, 2834 and 2803...

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