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UNITED STATES v. MARGIOTTA

No. 1279, Docket 81-1084.

646 F.2d 729 (1981)

UNITED STATES of America, Appellant, v. Joseph M. MARGIOTTA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 20, 1981.

Opinion April 10, 1981.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., Brooklyn, N. Y., for appellant.

Daniel J. Hurson, Washington, D. C. (William G. Hundley, Larry S. Gondelman, Washington, D. C., and Edward Hart, Merrick, N. Y., on brief), for defendant-appellee.

Before LUMBARD and NEWMAN, Circuit Judges, and METZNER, District Judge.

NEWMAN, Circuit Judge:

This interlocutory appeal from an order in a criminal case presents the issue of whether an indictment charging mail fraud is impermissibly duplicitous because it alleges numerous mailings in a single count. The District Court for the Eastern District of New York (Charles P. Sifton, Judge) ordered the Government to select in advance of trial one mailing on which the mail fraud count could go to the jury. From that order the Government appealed...

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