UNITED STATES v. GIAMPA

No. 178, Docket 26295.

290 F.2d 83 (1961)

UNITED STATES of America, Appellee, v. David GIAMPA, Appellant.

United States Court of Appeals Second Circuit.

Decided February 3, 1961.


Attorney(s) appearing for the Case

George J. Todaro, New York City (Sylvester Cosentino, New York City, on the brief), for appellant.

Paul J. Curran, Asst. U. S. Atty., New York City (S. Hazard Gillespie, Jr., U. S. Atty. for Southern District of New York, David R. Hyde, Asst. U. S. Atty., New York City, of counsel), for appellee.

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


LEONARD P. MOORE, Circuit Judge.

Defendant, David Giampa, was indicted for harboring and concealing Nicholas Tolentino, a Federal fugitive (18 U.S.C. § 1071). From a judgment of conviction after a trial without a jury, defendant appeals.

The primary error asserted is that the Government failed to establish beyond a reasonable doubt that defendant knew that a warrant or process had been issued for Tolentino's arrest.

After hearing the proof, the...

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