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UNITED STATES v. GULLO

Nos. 73-1941, 73-1942 and 74-1153.

502 F.2d 759 (1974)

UNITED STATES of America v. Otto Samuel GULLO et al. Appeal of Sheila HOLLOWAY, in No. 73-1941. v. Appeal of Robert Clement POWELL, in No. 73-1942. v. Appeal of Joseph BERENATO, in No. 74-1153.

United States Court of Appeals, Third Circuit.

Decided August 26, 1974.

As Amended September 18, 1974.

Attorney(s) appearing for the Case

Michael A. Kaplan, Tomar, Parks, Seliger, Simonoff & Adourian, Camden, N. J., for appellant in No. 73-1941.

Arthur J. Abramowitz, Hyland, Davis & Reberkenny, Cherry Hill, N. J., for appellants in Nos. 73-1942 and 74-1153.

Jonathan L. Goldstein, U. S. Atty., William T. Pizzi, Asst. U. S. Atty., Newark, N. J., for appellee.

Before STALEY, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In the unique circumstances of this case, the defendants were denied a fair trial when an improper question was directed to a witness by the prosecutor who then promised, but failed to call another witness who could correct the situation.

The defendants, Joseph Berenato, also known as "Dragon," Sheila Holloway and Robert Powell, were each convicted on counts of conspiracy to assault a federal officer and...

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