Manuel Menendez, Thelma Dasher Menendez, Aristedes Menendez v. United States

CHOATE, Senior District Judge:

The three defendants, Manuel and Thelma Dasher Menendez (Manuel's wife) and Aristedes Menendez (Manuel’s brother), were convicted of violations under 18 U.S.C. § 1952. 1 The specific allegations were that on various dates the defendants did knowingly use a facility of interstate commerce (the long distance telephone) 2 between New York and Jacksonville to aid, promote and manage a lottery, said lottery being in violation of the laws of Florida (Fla. Stat. § 849.09, F.S.A.).

The points raised on appeal involve: the trial court’s refusal to give protective…