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UNITED STATES v. FALCONE

No. 42.

311 U.S. 205 (1940)

61 S.Ct. 204

85 L.Ed. 128

UNITED STATES v. FALCONE ET AL.

Supreme Court of United States.

Decided December 9, 1940.

Attorney(s) appearing for the Case

Assistant Attorney General Rogge, with whom Solicitor General Biddle and Messrs. Raoul Berger, Irwin L. Langbein, Herbert Wechsler, George F. Kneip, and W. Marvin Smith were on the brief, for the United States.

Mr. Daniel H. Prior for Salvatore and Joseph Falcone, and Mr. Roger O. Baldwin for Henry Alberico, respondents, for whom also Mr. Anthony S. Falcone entered an appearance.

MR. JUSTICE STONE delivered the opinion of the Court.

The question presented by this record is whether one who sells materials with knowledge that they are intended for use or will be used in the production of illicit distilled spirits may be convicted as a co-conspirator with a distiller who conspired with others to distill the spirits in violation of the revenue laws.

Respondents were indicted with sixty-three others in the northern district of New York...

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