(DOWNLOAD) "United States v. Gallo." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Gallo.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 10, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The appellant was one of several defendants found guilty by a jury of conspiracy, 18 U.S.C.A. Γ§ 88, to defraud the United States of taxes on distilled spirits in connection with the illicit manufacture and disposal of alcohol. His main contention is that the evidence is insufficient to support the verdict. Two co-conspirators, Galdo, who pleaded guilty to the indictment, and Novick, a convicted defendant who took the stand in his own defense, testified against him. Both swore to an interview at Galdos garage at which the appellant rented the basement for the storage of sugar. This garage was proved to have been used as a "drop" for a nearby illicit still operated by the conspirators. Galdo also testified that he saw the appellant at the garage on several occasions talking with the truck drivers and taking away five-gallon tin cans which may be inferred to have contained alcohol. It is true that Galdos testimony was at times confused and contradictory; but these defects go only to its weight, and the jury resolved them against the appellant. An appellate court must sustain the verdict if there be substantial evidence to support it. United States v. Manton, 2 Cir., 107 F.2d 834, 839, certiorari denied, 309 U.S. 664, 60 S. Ct. 590, 84 L. Ed. 1012. We are satisfied that there was.