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UNITED STATES v. LEFKOWITZ

No. 38, Docket 26185.

284 F.2d 310 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. George LEFKOWITZ, Joseph P. Dryja, Richard Emond, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided November 10, 1960.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y. (Judith Gelb, Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Joseph R. Crowley, New York City, (Manes, Sturim & Laufer, New York City, on the brief), for defendant-appellant Lefkowitz.

James J. Hanrahan, New York City, for defendant-appellant Dryja.

Abraham Lebenkoff, New York City (Lebenkoff & Freundlich, New York City, on the brief), for defendant-appellant Emond.

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

FRIENDLY, Circuit Judge.

George Lefkowitz, Joseph P. Dryja and Richard Emond appeal from judgments of the District Court for the Eastern District of New York adjudging them to be convicted, upon a verdict of guilty, of violation of 18 U.S.C. § 659. We are constrained to reverse the convictions and order a new trial for what we deem prejudicial errors in the instructions to the jury.

The indictment charged that defendants received and had in their possession...

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