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UNITED STATES v. MARCHIONTE

Nos. 14877-14880.

309 F.2d 435 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. Louis MARCHIONTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Carman PERFETTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Anthony DELSANTER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Nick DeNUNZIO, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

November 8, 1962.

Attorney(s) appearing for the Case

Fred H. Mandel, Cleveland, Ohio, for Anthony Delsanter.

Samuel Petkovich, Warren, Ohio, for Louis Marchionte and Carman Perfette.

John Spain, Warren, Ohio, for Nick DeNunzio.

Gerald J. Celebrezze, Asst. U. S. Atty., Cleveland, Ohio, Merle M. McCurdy, U. S. Atty., Burt W. Griffin, Asst. U. S. Atty., Cleveland, Ohio, on brief, for appellee.

Before WEICK and O'SULLIVAN, Circuit Judges, and PECK, District Judge.

JOHN W. PECK, District Judge.

The principal question presented by this appeal is whether the record of the trial contains substantial evidence to support a finding that the defendants were guilty beyond a reasonable doubt of engaging in the business of accepting wagers in violation of Section 7262 of the Internal Revenue Code of 1954 and this question is resolved in the affirmative. While a careful scrutiny of that record discloses varying degrees of complicity as...

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