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KOLOD v. UNITED STATES

Nos. 8268-8270.

371 F.2d 983 (1967)

Ruby KOLOD, Appellant, v. UNITED STATES of America, Appellee. Willie Israel ALDERMAN, Appellant, v. UNITED STATES of America, Appellee. Felix Antonio ALDERISIO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 8, 1967.

Attorney(s) appearing for the Case

Edward Bennett Williams, Washington, D.C. (Harold Ungar, Washington, D.C., for appellant Ruby Kolod, William P. Johnson and Donald L. Giacomini, Denver, Colo., for appellant Willie Israel Alderman, W. H. Erickson, Denver, Colo., for appellant Felix Antonio Alderisio, were with him on the brief), for appellants.

James A. Clark, Denver, Colo., and William S. Lynch, Washington, D. C. (Lawrence M. Henry, U. S. Atty., Denver, Colo., Brian P. Gettings and Phillip R. Michael, Washington, D. C., were with them on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

Appellants were convicted by a jury in the United States District Court for the District of Colorado under the first count of an indictment charging a conspiracy to transmit in interstate commerce communications containing threats to injure and murder one Robert Sunshine in violation of 18 U.S.C. § 371 and 18 U.S.C. § 875(c). Another co-defendant, Americo Di Pietto, was acquitted of that charge. Appellants Kolod and Alderisio...

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