Amendola v. United States

(after stating the facts as above). A majority of the court is of the opinion that upon the evidence there was a question of fact whether the transaction between Amendola and Marinelli was an outright sale, or whether Amendola deputed Marinelli to sell the drug for him in Brooklyn as his servant or agent. That was the only question raised upon the trial, and, had it not been for the sentence, we should not have taken any other of our own motion. It was a technical matter, of not the least substance, on which side of the East River Amendola should be tried; if there was error in the conduct of…