Quercia v. United States

WILSON, Circuit Judge.

The appellant, Angelo Quercia, was jointly indicted in the District Court of Massachusetts with one Joseph A. Brogna under the so-called Harrison Act (26 USCA §§ 211, 691 et seq.) for the unlawful sale and distribution of narcotics. Brogna pleaded guilty.

Quercia on his first trial was found guilty, but, by reason of a statement of the trial judge in Ms charge to the jury, the judgment of this court, 62; F.(2d) 746, affirming the judgment of the District Court, was reversed by the Supreme Court, 289 U. S. 466, 53 S. Ct. 698, 77 L. Ed. 1321, and the case was re*998manded to…