No. 291, Docket 28039.

315 F.2d 627 (1963)

UNITED STATES of America, Appellee, v. Vincent NUCCIO and Anthony Cefolo, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 25, 1963.

Attorney(s) appearing for the Case

Louis Kaye, New York City, for defendants-appellants.

Jerome F. Matadero, Asst. U. S. Atty., Eastern Dist. of New York (Joseph P. Hoey, U. S. Atty., on the brief), for appellee.

Before WATERMAN and KAUFMAN, Circuit Judges, and WEINFELD, District Judge.


The defendants were convicted on the fourth count of a five-count indictment, which charged them, and other defendants, with knowingly and unlawfully possessing property intended for use in violation of Chapter 51 of Title 26 of the United States Code and the attendant regulations. In his charge on this count, Judge Rosling, upon determining that the evidence at trial supported proof of only three of the crimes defined in that Chapter, instructed the jury...

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