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UNITED STATES v. MARCONE

No. 200, Docket 25849.

275 F.2d 205 (1960)

UNITED STATES of America, Appellee, v. Dominick MARCONE, Alfred Sacco and Archangelo Noio, Appellants.

United States Court of Appeals Second Circuit.

Decided February 15, 1960.

Attorney(s) appearing for the Case

Daniel H. Greenberg, New York City (Samuel W. Altman, New York City, on the brief), for appellant Dominick Marcone.

Frances N. Kahn, New York City, for appellants Alfred Sacco and Archangelo Noio.

John S. Clark, Asst. U. S. Atty., S. D. New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., and Otis Pratt Pearsall, Asst. U. S. Atty., S. D. New York, New York City, on the brief), for the United States.

Before CLARK, HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

The appellant Marcone, with his codefendant Capalbo, was charged in a two-count indictment (1) with the sale on or about January 29, 1958 of narcotics in violation of 21 U.S.C.A. §§ 173 and 174, and (2) with conspiracy from January 1, 1958 to the date of the indictment, March 6, 1958, to violate §§ 173 and 174. The charges against several of the originally named defendants were severed and the codefendant Capalbo pleaded...

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