MARSHALL v. UNITED STATES

No. 19383.

355 F.2d 999 (1966)

John MARSHALL and Charles Del Monico, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 10, 1966.


Attorney(s) appearing for the Case

William B. Beirne, A. L. Wirin, Fred Okrand, Los Angeles, Cal., for appellant John Marshall.

Harold J. Ackerman, Drake & Ackerman, Los Angeles, Cal., Raymond W. Bergan, Williams, Wadden & Stein, Washington, D. C., for appellant Charles Del Monico.

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., Burt S. Pines, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


BARNES, Circuit Judge:

Three of four alleged conspirators were indicted by a grand jury in Count I of a three count indictment, alleging a conspiracy to travel in interstate commerce with intent to aid racketeering enterprises (18 U.S.C. § 1952).

The three indicted were John Marshall (also known as Marshall Caifano), Charles Del Monico (also known as Charles Tourine, Jr.) and Allen Smiley (also known as Aaron Smehoff). The fourth unindicted coconspirator...

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