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UNITED STATES v. FAYETTE

No. 97, Docket 31257.

388 F.2d 728 (1968)

UNITED STATES of America, Appellee, v. Frederick J. FAYETTE, Appellant.

United States Court of Appeals Second Circuit.

Decided January 12, 1968.

Attorney(s) appearing for the Case

Richard E. Reilly, Atty., Dept. of Justice, Washington, D. C. (Joseph F. Radigan, U. S. Atty., for the Dist. of Vermont, Rutland, Vt., on the brief), for appellee.

Frederick W. Allen, Burlington, Vt. (Joseph A. McNamara, McNamara, Fitzpatrick & Sylvester, Wick, Dinse & Allen, Burlington, Vt., on the brief), for appellant.

Before LUMBARD, Chief Judge, and MEDINA and HAYS, Circuit Judges.

MEDINA, Circuit Judge:

Having been convicted after a trial to Chief Judge Gibson and a jury of knowingly receiving $3000 from Frederick A. Flint as a political contribution and for personal emolument in consideration of his promise of support and the use of his influence in obtaining for Ned W. Handy the position of Postmaster of St. Johnsbury, Vermont, in violation of 18 U.S.C., Section 211, Frederick J. Fayette appeals.

At the center of the case is an oral...

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