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UNITED STATES v. ROMANO

No. 268, Docket 26085.

278 F.2d 202 (1960)

UNITED STATES of America, Appellee, v. Richard ROMANO, Appellant.

United States Court of Appeals Second Circuit.

Decided May 3, 1960.

Attorney(s) appearing for the Case

Peter L. F. Sabbatino, New York City (Thomas J. Todarelli and Sabbatino & Todarelli, New York City, on the brief), for appellant.

Kevin Thomas Duffy, Asst. U. S. Atty., Southern District of New York, New York City, (S. Hazard Gillespie, Jr., U. S. Atty., and Arnold Enker, Winthrop Allegaert, William Tendy and Gideon Cashman, Asst. U. S. Attys., New York City, on the brief), for appellee.

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

LUMBARD, Chief Judge.

Richard Romano's appeal from his conviction for selling narcotics in violation of 21 U.S.C.A. §§ 173 and 174,1 raises two principal questions: first, whether the evidence established entrapment as a matter of law, and second, whether the defendant was denied a fair trial by reason of the government's failure to produce two witnesses — a former narcotics agent and the person who concededly introduced...

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