Legal Opinion

United States v. Carmine Persico, Jr., Salvatore Albanese, Hugh McIntosh Ralph Spero Andgeorge La Fante

Court of Appeals for the Second Circuit

Decided July 23, 1965No. 29271_1PublishedCited by 38 opinions

1Opinion of the Court

METZNER, District Judge:

Defendants appeal from judgments of conviction after a trial before Rosling, J., and a jury. Defendants Pérsico, Alban-ese, McIntosh and Spero were tried and convicted on a substantive count of robbery of merchandise moving in interstate commerce (18 U.S.C. § 1951), 1 and a conspiracy count. Defendant La Fante was tried and convicted solely on the conspiracy count. Because of errors in the charge, we reverse.

The defendants have been tried four times on an indictment filed on April 28, I960. 2 The crime was committed on July 28, 1959. The first trial lasted twelve days,…

2Cases cited9 opinions

  1. Estes v. TexasSupreme Court of the United States · 1965
  2. Krulewitch v. United StatesSupreme Court of the United States · 1949
  3. Bollenbach v. United StatesSupreme Court of the United States · 1946
  4. United States v. BorelliCourt of Appeals for the Second Circuit · 1964
  5. United States v. Francis J. De SistoCourt of Appeals for the Second Circuit · 1964

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3Cited by38 opinions

  1. Cupp v. NaughtenSupreme Court of the United States · 1973
  2. United States v. Charles T. Walsh and Bowe, Walsh & AssociatesCourt of Appeals for the Second Circuit · 1983
  3. United States v. Theron ClarkCourt of Appeals for the Second Circuit · 1973
  4. United States v. Yves Glaziou and Rene L. A. LemieuxCourt of Appeals for the Second Circuit · 1969
  5. United States v. James E. McCrackenCourt of Appeals for the Fifth Circuit · 1974

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