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NAPOLITANO v. UNITED STATES

Nos. 6389, 6414.

340 F.2d 313 (1965)

Orlando NAPOLITANO, Defendant, Appellant, v. UNITED STATES of America, Appellee. John F. DiRAFFAELE, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided January 8, 1965.

Attorney(s) appearing for the Case

Joseph J. Balliro, Boston, Mass., for Orlando Napolitano, appellant.

Richard M. Dray, Hyde Park, Mass., for John F. DiRaffaele, appellant.

Paul F. Markham, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, ALDRICH, Circuit Judge, and WYZANSKI, District Judge.

ALDRICH, Chief Judge.

The defendants were convicted on a three-count indictment. Count 1 charged that defendant Napolitano on January 13, 1964 sent in interstate commerce from Portland, Maine to Boston, Massachusetts certain records, slips, etc. for use in a numbers or similar game, in violation of 18 U.S.C. § 1953. Count 2 charged that defendant DiRaffaele, on the same occasion, transported the records and slips, in violation of the same statute. Count 3 charged...

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