United States v. Cerilli

OPINION

ROSENBERG, District Judge.

Egidio Cerilli, Ralph Buffone and Maylan Yakovich, defendants in the above entitled case, filed a motion for judgment of acquittal. The motion is in proper order by reason of the fact that an appropriate motion was made immediately after the Government had rested its case, and at the close of all evidence in the case prior to the matter being presented to the jury.

The case commenced trial on April 26, 1976. After approximately three weeks trial, because of an ailment as ascertained by a medical crew at a highly recognized hospital, one of the jurors could not…