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UNITED STATES v. STANIZZO

No. 17532.

407 F.2d 851 (1969)

UNITED STATES of America v. Patsy STANIZZO, Joseph Zeher, Joseph Zeher, Appellant.

United States Court of Appeals Third Circuit.

Decided March 7, 1969.

Attorney(s) appearing for the Case

Martin M. Sheinman, Morris, Safier & Teitelbaum, Pittsburgh, Pa., for appellant.

Nick S. Fisfis, Asst. U. S. Atty., Pittsburgh, Pa. (Gustave Diamond, U. S. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Both the appellant and the Government agree that the District Court erred in refusing the motion for judgment of acquittal in this case. Appellant was found guilty of violating 26 U.S.C.A. § 7262 in not having paid a wagering tax.1 He had timely raised the constitutional defense of the privilege against self-incrimination and contended that his prosecution was barred by the principles announced...

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