Legal Opinion · Concurrence

United States v. Angelo Moret, A/K/A Harry, and Augustine Moret

Court of Appeals for the Second Circuit

Decided June 30, 1964No. 324, Docket 28108Published

1ConcurrenceKaufman, Circuit Judge

(concurring) .

While I join in the affirmance of both-convictions, my reasons for so doing in-Augustine’s case differ markedly from-, those advanced in the opinion of Judge-Dimock. Simply stated, I believe that, the jury might properly have concluded: that the “package” which Augustine-. *891was seen to pass to Angelo outside of ■the building was identical to the “envelope” of narcotics which Angelo sold inside, and I would, therefore, affirm Augustine’s conviction. In light of the •evidence, the instructions of the Court, ■and the arguments of counsel, however, I do not believe that the jury…

2Cases cited12 opinions

  1. Ker v. CaliforniaSupreme Court of the United States · 1963
  2. Screws v. United StatesSupreme Court of the United States · 1945
  3. Bollenbach v. United StatesSupreme Court of the United States · 1946
  4. James v. United StatesSupreme Court of the United States · 1961
  5. Helvering v. GowranSupreme Court of the United States · 1937

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