United States v. Raymond J. Berkley and Anthony Verzi

O’SULLIVAN, Circuit Judge.

Defendants-appellants Raymond J. Berkley and Anthony Verzi, were convicted by a jury of passing two counterfeit $100.00 bills (Federal Reserve notes) (Title 18 U.S.C. § 472). Berkley was sentenced to four years imprisonment and Verzi to eighteen months. Defendants here claim that they should have been acquitted by direction of the trial judge, and, alternatively, that a new trial should be ordered because of the admission of certain evidence offered by the government.

The government’s evidence may be summarized as follows: On September 25, 1959, defendants were in the…