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UNITED STATES v. ASTORE

No. 226, Docket 26491.

288 F.2d 26 (1961)

UNITED STATES of America, Appellee, v. Anthony ASTORE and Joseph Schwartz, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 27, 1961.

Attorney(s) appearing for the Case

David M. Markowitz, New York City, for appellant Astore.

Otto F. Fusco, New York City, for appellant Schwartz.

Gerald Walpin, Asst. U. S. Atty., for the Southern District of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., and John A. Guzzetta, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, MADDEN, Judge, U. S. Court of Claims, and WATERMAN, Circuit Judge.

WATERMAN, Circuit Judge.

Sam Gold, Moses Shipman and appellants Anthony Astore and Joseph Schwartz were charged in a one-count indictment with having violated 18 U. S.C. § 1465 by knowingly transporting obscene films from Lodi, New Jersey to New York City on January 20, 1959. Pleas of guilty were entered on behalf of Shipman and Gold, and they later appeared as government witnesses at the two day trial of Astore and Schwartz that resulted in the convictions from...

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