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UNITED STATES v. ZAMBARDI

No. 143, Docket 25862.

276 F.2d 169 (1960)

UNITED STATES of America, Appellee, v. Vincent ZAMBARDI, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 16, 1960.

Attorney(s) appearing for the Case

Herbert S. Siegal, New York City, for defendant-appellant.

Samuel Sheres, Asst. U. S. Atty., S.D. N.Y., New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Kevin Thomas Duffy, Asst. U. S. Atty., New York City), for appellee.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.

CLARK, Circuit Judge.

After trial to the court Judge Palmieri found the defendant guilty of conspiring to violate the narcotics laws in contravention of 21 U.S.C. §§ 173, 174. At the same time the judge found him not guilty on a substantive count charging him with having sold narcotics and having facilitated such a sale. This acquittal resulted from a finding of reasonable doubt as to whether defendant's participation in the sale may not have resulted from...

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