United States v. Dominick Marcone, Alfred Sacco and Archangelo Noio

HINCKS, Circuit Judge.

The appellant Marcone, with his codefendant Capalbo, was charged in a two-count indictment (1) with the sale on or about January 29,1958 of narcotics in violation of 21 U.S.C.A. §§ 173 and 174, and (2) with conspiracy from January 1, 1958 to the date of the indictment, March 6, 1958, to violate §§ 173 and 174. The charges against several of the originally named defendants were severed and the codefendant Capalbo pleaded guilty on both counts. The others, Sacco and Noio, who were charged only in the conspiracy count, were tried, together with Marcone, before a jury which…