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HUGHES v. UNITED STATES

Nos. 6333, 6335.

340 F.2d 609 (1965)

Stephen Robert HUGHES, Defendant, Appellant, v. UNITED STATES of America, Appellee. George P. STACK, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

January 20, 1965.

Attorney(s) appearing for the Case

Daniel Klubock, Boston, Mass., with whom Paul T. Smith and Manuel Katz, Boston, Mass., were on brief, for Stephen Robert Hughes, appellant.

John F. Zamparelli, Medford, Mass., for George P. Stack, appellant.

A. David Mazzone, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

PER CURIAM.

By a petition for rehearing the government calls our attention to the statement in Morissette v. United States, 342 U.S. 246, at 276, 72 S.Ct. 240, at 256, 96 L.Ed. 288, where the court said, "Had the jury convicted on proper instructions it would be the end of the matter," and claims this to be support for its contention that the proof in the present case cured the deficiency in the indictment. The government overlooks...

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