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UNITED STATES v. McCALL

No. 398, Docket 26633.

291 F.2d 859 (1961)

UNITED STATES of America, Appellee, v. Howard J. McCALL, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 26, 1961.

Attorney(s) appearing for the Case

J. Robert Lunney, of Shearman & Sterling, New York City, for appellant.

Arthur I. Rosett, Asst. U. S. Atty., S.D.N.Y., New York City (Robert M. Morgenthau, U. S. Atty., and George I. Gordon, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK and WATERMAN, Circuit Judges, and ANDERSON, District Judge.

CLARK, Circuit Judge.

Appellant was convicted on two counts for violations of 18 U.S.C. § 876, and received concurrent suspended sentences of two years on each count. The first count alleged that appellant had sent a threatening letter to one Lane with the intention of extorting money from him, and the second count alleged only the sending of the threatening letter, without reference to an intent to extort. Both counts are based on the sending of the same letter...

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