UNITED STATES v. ZIZZO

No. 14411.

338 F.2d 577 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Nick ZIZZO, Alexander Stasnick, Hugo A. Lazzareschi and Walter Wojciechowski, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 16, 1964.


Attorney(s) appearing for the Case

Maurice J. Walsh, Edward J. Calihan, Jr., Chicago, Ill., for appellant.

Herbert J. Miller, Jr., Asst. Atty. Gen., Sidney M. Glazer, Atty., U. S. Dept. of Justice, Washington, D. C., Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., Beatrice Rosenberg, Allen J. Krouse, Dougald D. McMillan, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, DUFFY and SWYGERT, Circuit Judges.


DUFFY, Circuit Judge.

The defendants were indicted in a twenty-count indictment. Counts 2 through 19 charged violations of Sections 1952 and 2, Title 18 U.S.Code, in that they did travel in interstate commerce with intent to carry on an unlawful activity, to-wit: gambling and aiding and abetting the same.

Count 1 charged the defendants with conspiring to violate Section 1952, Title 18 U.S.Code. However, all defendants were acquitted of this charge at the close...

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