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BATTAGLIA v. UNITED STATES

No. 19513.

349 F.2d 556 (1965)

John L. BATTAGLIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 6, 1965.

Attorney(s) appearing for the Case

Burton Marks, Beverly Hills, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Benj. S. Farber, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and JERTBERG, Circuit Judges, and JAMESON, District Judge.

JERTBERG, Circuit Judge:

Following trial to a jury, appellant and his codefendant, Harold Tenner, were convicted on all six counts of an indictment charging violation of Title 18 U.S. C.A. §§ 2 and 1343.1 Tenner did not appeal.

This court's jurisdiction over the appeal is based upon 28 U.S.C.A. §§ 1291 and 1294(1).

Count One of the indictment in substance charges that beginning on or about January 15...

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