United States v. Otto

54 F.2d 277 (1931)

UNITED STATES

v.

OTTO.

No. 2.

Circuit Court of Appeals, Second Circuit.

November 2, 1931.

Martin Conboy, of New York City (David Asch, of New York City, of counsel), for appellant.

Thomas T. Cooke, Sp. Asst. to Atty. Gen., for the United States.

Before MANTON, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

The defendant has questioned the sufficiency of the indictment, but only by motion at the close of the evidence. Since no demurrer was filed, we need now consider only the adequacy of count 2 as that count stood after certain portions had…