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UNITED STATES v. TOMAIOLO

No. 27700.

317 F.2d 324 (1963)

UNITED STATES of America, Appellee, v. Charles TOMAIOLO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 21, 1963.

Attorney(s) appearing for the Case

Joseph J. Marcheso, Asst. U. S. Atty., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., on the brief), for appellee.

C. Joseph Hallinan, Jr., New York City for defendant-appellant.

Before LUMBARD, Chief Judge, and CLARK and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

The defendant, Charles Tomaiolo, appeals from his fourth conviction before a jury, in the United States District Court for the Eastern District of New York, of criminal acts in connection with a bank robbery which occurred in Brentwood, New York, on November 29, 1955. On this fourth trial, the defendant was found and adjudged guilty of robbing, and conspiring to rob a bank in violation of 18 U.S.C. §§ 2113(a), 371. Other counts of the...

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