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UNITED STATES v. CARBONE

No. 442, Docket 31045.

378 F.2d 420 (1967)

UNITED STATES of America, Appellee, v. Michael CARBONE and Louis Macchiarelli, Appellants.

United States Court of Appeals Second Circuit.

Decided May 29, 1967.

Attorney(s) appearing for the Case

Robert Kasanof, New York City (Albert J. Krieger, New York City), for appellants.

Elkan Abramowitz, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, Robert G. Morvillo, Asst. U. S. Atty. of counsel), for appellee.

Before WATERMAN, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge.

In this appeal from a narcotics conviction under 21 U.S.C. §§ 173-74, reversal is urged not on the usual grounds of insufficiency, entrapment or error in the charge, but solely on the basis of inconsistency in the verdict — and this despite the seemingly insurmountable hurdle of Mr. Justice Holmes' well-known opinion in Dunn v. United States, 284 U.S. 390, 52 S.Ct. 189, 76 L.Ed. 356 (1932)....

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