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UNITED STATES v. BARBONE

Nos. 13189-13195.

283 F.2d 628 (1960)

UNITED STATES of America, v. Nicholas BARBONE, Appellant in No. 13,189, Albert Di Michele, Appellant in No. 13,190, Ignatius Esposito, Appellant in No. 13,191, Michael Pisano, Appellant in No. 13,192, Louis Diccio, Appellant in No. 13,193, Michael Lettera, Appellant in No. 13,194, Joseph Pagano, Appellant in No. 13,195.

United States Court of Appeals Third Circuit.

Decided October 20, 1960.

Attorney(s) appearing for the Case

G. Fred DiBona, Philadelphia, Pa. (Grover C. Richman, Jr., Richman & Berry, Camden, N. J., for Nicholas Barbone, Appellant in No. 13189; Benjamin Asbell, Camden, N. J., for Louis Diccio, Michael Lettera and Joseph Pagano, Appellants in Nos. 13193, 13194 and 13195, respectively, on the brief), for appellants.

John H. Mohrfeld, 3rd, Asst. U. S. Atty., Camden, N. J. (Chester A. Weidenburner, U. S. Atty., Newark, N. J., John G. Kissane, Regional Counsel's Office (Alcohol and Tobacco Tax Div.), Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellants together with seven other persons were charged in a four count indictment with conspiracy to operate, etc., as well as the substantive crime of operating an illicit still.1

During the trial, three of the defendants, Carmen Bruno, Samuel Coraluzzo and Albert Marzullo were acquitted on motion. Another defendant, Anthony Lampone, was granted a severance...

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