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UNITED STATES v. ROMANO

No. 158, Docket 28227.

330 F.2d 566 (1964)

UNITED STATES of America, Appellee, v. Frank ROMANO, John Ottiano, Edward Romano and Antonio Vellucci, Appellants.

United States Court of Appeals Second Circuit.

Decided March 25, 1964.

Motion for Rehearing and Stay of Mandate Denied April 21, 1964.

Attorney(s) appearing for the Case

Arnold Markle, Asst. U. S. Atty., New Haven, Conn. (Robert C. Zampano, U. S. Atty. for Dist. of Connecticut, and Anthony G. Apicella, Asst. U. S. Atty. for Dist. of Connecticut, New Haven, Conn., on the brief), for appellee.

W. Paul Flynn, New Haven, Conn. (Frank J. Raccio, Kopkind & Flynn, New Haven, Conn., on the brief), for appellants.

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

LUMBARD, Chief Judge.

Appellants Frank Romano and John Ottiano were found guilty by the jury of violating 26 U.S.C. § 5601(a) (1), possession of a distilling apparatus not registered as required by 26 U.S.C. § 5179(a). With appellants Edward Romano and Antonio Vellucci, they were also found guilty of violating § 5601(a) (8), producing distilled spirits when not being authorized to do so by the law, and of conspiring to violate § 5601(a) (8), 18...

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