No. 27700. Argued March 18, 1963. Decided May 21, 1963. Joseph J. Marcheso, Asst. U.S. Atty., Brooklyn, N.Y. (Joseph P. Hoey, U.S. Atty., Eastern District of New York, Brooklyn, N.Y., on the brief), for appellee. C. Joseph Hallinan, Jr., New York City for defendant-appellant. Before LUMBARD, Chief Judge, and CLARK and MARSHALL, Circuit Judges. LUMBARD, Chief Judge. The defendant, Charles Tomaiolo, appeals from his fourth conviction before a jury, in the United States District Court for the Eastern