Legal Opinion
United States v. Joseph D'ErcolE and Marty Russo
Court of Appeals for the Second Circuit
Decided August 9, 1955No. 23677_1PublishedCited by 7 opinions
1Opinion of the Court
CHASE, Circuit Judge.
Appellant Russo, who was convicted only on the conspiracy count, relies for reversal principally upon an asserted variance between the allegations in that count, which alleged a single conspiracy in which he and the appellant D’Ercole participated with eight other named co-conspirators and with others unknown, to violate 18 U.S.C. § 2312, and the evidence, which he contends proved not one conspiracy but several.
Three of the alleged co-conspirators, Joseph Turetsky, Richard Gould and Edward' Wallace, pleaded guilty before the trial began and testified as witnesses for the…
2Cases cited10 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Berger v. United StatesSupreme Court of the United States · 1935
- Direct Sales Co. v. United StatesSupreme Court of the United States · 1943
- United States v. MantonCourt of Appeals for the Second Circuit · 1938
- United States v. FalconeCourt of Appeals for the Second Circuit · 1940
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. Alex DibrizziCourt of Appeals for the Second Circuit · 1968
- United States v. Emanuel LesterCourt of Appeals for the Second Circuit · 1957
- United States v. Abraham KabotCourt of Appeals for the Second Circuit · 1961
- United States v. Santiago De Fillo and Viola GonzalesCourt of Appeals for the Second Circuit · 1958
- United States v. Abraham NirenbergCourt of Appeals for the Second Circuit · 1957
2 more not listed; retrieve them via the Exa API.