United States v. Joseph John Fischetti and Donald F. Gillette

DYER, Circuit Judge:

A jury convicted the appellants on a two count violation of 29 U.S.C.A. § 186(b) (1) and one count of conspiracy to violate § 186. 1 Appellants urge on appeal that the trial court erred in permitting the indictment to be substantially amended, in admitting prejudicial and hearsay evidence, and in its instructions to the jury on conspiracy. We affirm the conspiracy conviction and reverse the conviction on the two substantive counts.

The convictions rested largely upon the testimony of the witness Bellows. He was in the construction business, and, apparently experiencing some…