UNITED STATES v. VIALE

No. 166, Docket 27719.

312 F.2d 595 (1963)

The UNITED STATES of America, Appellee, v. Louis C. VIALE, Marino J. Faliero, Sr., Joseph S. Pinnavia, Louis A. Abbonando, Anthony F. Fino and Nicholas S. Longo, Appellants.

United States Court of Appeals Second Circuit.

Decided January 31, 1963.


Attorney(s) appearing for the Case

Charles F. Crimi, Asst. U. S. Atty. (John T. Curtin, U. S. Atty. for Western District of New York, on the brief), for appellee.

Parrino & Cooper, Buffalo, N. Y., for defendants-appellants.

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


SWAN, Circuit Judge.

Each of the six appellants was convicted after a jury trial on each count of a three count indictment filed June 2, 1961. Count 1 charged the defendants with conspiring to engage in the business of accepting wagers without having paid the special occupational tax required by 26 U.S.C. § 4411, in violation of 18 U.S.C. § 371. Count 2 charged commission of the substantive offense described in...

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