United States v. Borelli

FRIENDLY, Circuit Judge:

Appellants from conspiracy convictions too often remind us of Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946), and of Mr. Justice Jackson’s concurrence in Krule-witch v. United States, 336 U.S. 440, 445, 69 S.Ct. 716, 93 L.Ed. 790 (1949), in instances where the reminder is inapposite. But a few facts will show in what degree the instant case gives point to Mr. Justice Jackson’s description of conspiracy as “that elastic, sprawling and pervasive offense,” whose development exemplifies, in Judge Cardozo’s phrase, the “tendency of a principle…