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United States v. Dovico

United States Court of Appeals, Second Circuit
Mar 11, 1964
329 F.2d 52 (2d Cir. 1964)

Opinion

No. 343, Docket 28493.

Argued March 11, 1964.

Decided March 11, 1964.

Robert J. McGuire, Asst. U.S. Atty., Southern District of New York (Robert M. Morgenthau, U.S. Atty., and Charles A. Stillman, Asst. U.S. Atty., Southern District of New York, on the brief), for appellee.

James J. Hanrahan, New York City, for appellant.

Before SMITH, KAUFMAN and MARSHALL, Circuit Judges.


Appellant Dovico was convicted on trial to the court, jury waived, of violating 21 U.S.C. § 173 and 174, and sentenced to ten years as a second offender in the United States District Court for the Southern District of New York, Sidney Sugarman, District Judge. A conspiracy count in the indictment was dismissed by the trial judge. The appellant argues that the dismissal of the conspiracy count precludes a conviction on the substantive count. But dismissal of the conspiracy count is not inconsistent with the finding of guilt on the substantive count, and the principles of res judicata are not involved. United States v. Robinson, 320 F.2d 880 (2 Cir. 1963).

Viewed in the light most favorable to the government, or in any light for that matter, the evidence is plainly sufficient to establish guilt. The conviction is affirmed.


Summaries of

United States v. Dovico

United States Court of Appeals, Second Circuit
Mar 11, 1964
329 F.2d 52 (2d Cir. 1964)
Case details for

United States v. Dovico

Case Details

Full title:UNITED STATES of America, Appellee, v. Alfred DOVICO, Appellant

Court:United States Court of Appeals, Second Circuit

Date published: Mar 11, 1964

Citations

329 F.2d 52 (2d Cir. 1964)

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