UNITED STATES v. WHITING

No. 264, Docket 27196.

308 F.2d 537 (1962)

UNITED STATES of America, Appellee, v. Dinty Warmington WHITING, James R. Crowe and Walter J. Sarnitz, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided September 20, 1962.


Attorney(s) appearing for the Case

J. Robert Lunney, New York City, for appellant, Dinty Warmington Whiting.

Theodore Krieger, New York City (Albert J. Krieger, New York City, on the brief), for defendants-appellants, James R. Crowe and Walter J. Sarnitz.

David R. Hyde, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., So. District of New York on the brief), for appellee.

Before WATERMAN, KAUFMAN and MARSHALL, Circuit Judges.


MARSHALL, Circuit Judge.

This is an appeal by three defendants, Dinty Warmington Whiting, James R. Crowe, and Walter J. Sarnitz, from judgments of conviction entered in the United States District Court for the Southern District of New York, Metzner, J., on March 30, 1961, after a trial by jury. The three defendants were each convicted on three substantive counts (Counts I, II, and III) charging separate violations of 18 U.S.C.A. § 1343 by the sending of cables...

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