UNITED STATES v. MANFREDONIA

No. 313, Docket 31871.

391 F.2d 229 (1968)

UNITED STATES of America, Appellee, v. John E. MANFREDONIA and Patsy P. Colarusso, Appellants.

United States Court of Appeals Second Circuit.

Decided March 14, 1968.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, John H. Doyle, III, Robert Morvillo, Pierre N. Leval, Asst. U. S. Atty., on the brief, for appellee.

Joseph Aronstein, New York City, for appellant, Manfredonia.

Henry K. Chapman, New York City, for appellant, Colarusso.

Before KAUFMAN and HAYS, Circuit Judges, and RYAN, District Judge.


PER CURIAM:

John E. Manfredonia and Patsy P. Colarusso appeal from judgments entered after a trial before Judge Tenney and a jury in the Southern District of New York convicting them of violating the federal wagering tax laws, 26 U.S.C. §§ 4401, 4411, 4412, 7203, and 7272. On appeal they raise several questions but the basic one is addressed to the constitutionality of the statutes in light of the recent decisions of the Supreme Court in Marchetti v. United...

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