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UNITED STATES v. STONE

No. 423, Docket 26993.

291 F.2d 396 (1961)

UNITED STATES of America, Appellee, v. Michael STONE, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 20, 1961.

Attorney(s) appearing for the Case

Archibald Palmer, New York City, for defendant-appellant.

Irving Younger, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and GOODRICH and FRIENDLY, Circuit Judges.

PER CURIAM.

The facts alleged in the affidavits attached to defendant's notice of motion for a new trial dated April 29, 1961, if believed by a jury as they might well be, would seriously undermine any basis for convicting defendant on Count 2 of the indictment for failure to report the $3,000 payment of July 19, 1954, see 282 F.2d at page 553. Recognizing the limitations upon the scope of our review of an order denying a new trial, United States v. Johnson, 1946...

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