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SPINELLI v. UNITED STATES

No. 18389.

382 F.2d 871 (1967)

William SPINELLI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied September 12, 1967.

Attorney(s) appearing for the Case

Irl B. Baris, of Newmark & Baris, St. Louis, Mo., for appellant.

Sidney M. Glazer, Attorney, Dept. of Justice, Washington, D. C., for appellee; Richard D. FitzGibbon, Jr., U. S. Atty., and Stephen H. Gilmore, Asst. U. S. Atty., St. Louis, Mo., and Fred M. Vinson, Jr., Asst. Atty. Gen., Theodore George Gilinsky, Washington, D. C., on the brief.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT, MATTHES, BLACKMUN, MEHAFFY, GIBSON, LAY and HEANEY, Circuit Judges, sitting en banc.

GIBSON, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Eastern District of Missouri convicting appellant of violating 18 U.S.C. § 1952 (Interstate travel in aid of racketeering).

Appellant was tried before a jury on an indictment which charged that he had traveled in interstate commerce with intent to promote, manage, establish, carry on, and facilitate the promotion of an unlawful activity, to-wit: a business...

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