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KILLILEA v. UNITED STATES

Nos. 5610, 5611, 5614, 5615.

287 F.2d 212 (1961)

William J. KILLILEA, Defendant, Appellant, v. UNITED STATES of America, Appellee. John H. CHAMBERS, Defendant, Appellant, v. UNITED STATES of America, Appellee. Anthony BARBANTI, Defendant, Appellant, v. UNITED STATES of America, Appellee. James J. McLEAN, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

February 23, 1961.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., with whom Choate, Hall & Stewart, Boston, Mass., was on the brief, for William J. Killilea and John H. Chambers, appellants.

Francis J. DiMento, Boston, Mass., with whom DiMento & Sullivan, Boston, Mass., was on the brief, for James J. McLean, appellant.

Jackson J. Holtz, Boston, Mass., with whom Holtz, Sullivan & Zonderman, Boston, Mass., was on the brief, for Anthony Barbanti, appellant.

William J. Koen, Asst. U. S. Atty., Boston, Mass., with whom Elliot L. Richardson, U. S. Atty. and Thomas P. O'Conner, Asst. U. S. Atty., Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an appeal by four defendants from convictions under an indictment for larceny of some 750 cartons of whiskey which were being moved in interstate commerce on consignment from Hiram Walker Company of Illinois to a wholesaler in Boston. 18 U.S.C. § 659. As a preliminary matter we must decide whether the court correctly denied a pre-trial motion to dismiss. This motion was based on a mistrial order which had been granted, over the...

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