UNITED STATES v. SANTARPIO

No. 76-1178.

560 F.2d 448 (1977)

UNITED STATES of America, Appellee, v. Victor SANTARPIO, a/k/a "Lefty", Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 30, 1977.


Attorney(s) appearing for the Case

Marting G. Weinberg, Joseph J. Balliro and Gerald Alch, Boston, Mass., with whom William J. Cintolo, Oteri & Weinberg, Joan C. Schmidt, Boston, Mass., Jeanne Baker, David J. Fine and Rosenberg, Baker & Fine, Cambridge, Mass., were on brief, for appellants in Nos. 76-1179, 76-1181, 76-1183 and 76-1201.

John J. Sylvester, Boston, Mass., by appointment of the court, for appellant in No. 76-1182.

Alan R. Hoffman, Boston, Mass., by appointment of the court, with whom Kaplan, Latti & Flannery, Boston, Mass., was on brief, for appellant in No. 76-1178.

Francis J. O'Rourke, Boston, Mass., by appointment of the court, and Maloney, Williams & Baer, Boston, Mass., for appellant in No. 76-1200.

William J. Carr, Boston, Mass., appearing for appellant in No. 76-1199.

Eugene X. Giroux, Boston, Mass., appearing for appellant in No. 76-1198.

Robert Y. Murray, Boston, Mass., by appointment of the court, and Moulton & Looney, Boston, Mass., appearing for appellant in No. 76-1180.

Frederick Eisenbud, Atty., Dept. of Justice, Washington, D. C., with whom James N. Gabriel, U. S. Atty., Boston, Mass., and William G. Otis, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

The ten appellants were named in four indictments1 which charged them, and others, with operating an illegal gambling business and with conspiracy to commit that offense in violation of 18 U.S.C. § 1955 and 2. Following a jury-waived trial, all were convicted on one count of conducting an illegal gambling business.

The Government's primary evidence...

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