UNITED STATES v. TOMICICH

No. 8982.

41 F.Supp. 33 (1941)

UNITED STATES v. TOMICICH et al.

District Court, E. D. Pennsylvania.

September 25, 1941.


Attorney(s) appearing for the Case

Gerald A. Gleeson, U. S. Atty., and Barton W. Rettew, Asst. U. S. Atty., both of Philadelphia, Pa., for the Government.

Homer L. Lewis, of New York City, and Paul W. Knox, of Philadelphia, Pa., for defendants.


GOODRICH, Circuit Judge.

The defendants' motion for a new trial in this case raises questions concerning the application of Section 502, 18 U.S.C.A. At this stage of the matter, at any rate, no complaint is made of the conduct of the trial except in so far as the trial court failed to adopt the defendants' point of view with regard to this statute. The first point made is that the vessel was not engaged in foreign commerce at the time of the acts alleged in the indictment...

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