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UNITED STATES v. PEPE

Crim. A. No. 1280.

198 F.Supp. 226 (1961)

UNITED STATES of America, Plaintiff, v. Bruno T. PEPE, Defendant.

United States District Court D. Delaware.

September 28, 1961.

Attorney(s) appearing for the Case

Ralph F. Keil, Asst. U. S. Atty., Wilmington, Del., for plaintiff.

John Biggs III, of Bader & Biggs, Wilmington, Del., for defendant

LAYTON, District Judge.

Defendant has been convicted by a jury of unlawfully failing to pay a special tax imposed on wagering and to register as required by 26 U.S.C.A. §§ 4411 and 4412, respectively.1 Defendant has moved for a new trial on the technical grounds that there is a variance between the allegations in the information and the court's charge to the jury.

The information alleges that on several different dates...

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