United States v. Infusino

MINTON, Circuit Judge.

The defendant-appellant, Frank Infusino, was convicted with twenty-two other persons in seventeen substantive counts and two conspiracy counts, all of which grew *562out of the illicit manufacture and handling of alcohol. All of the defendants were charged with the offense set forth in each and every count of the indictment. Four of the defendants pleaded guilty, and the case went to trial against the remaining nineteen defendants on each and every count of the indictment. At the conclusion of the evidence by the government, the court on its own motion dismissed all counts…