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United States v. Palumbo

United States Court of Appeals, Second Circuit
May 28, 1963
317 F.2d 607 (2d Cir. 1963)

Summary

In United States v. Palumbo, 317 F.2d 607 (2 Cir. 1963), in a case involving goods stolen from interstate commerce, the court upheld a conviction where the only evidence offered was the invoice price.

Summary of this case from United States v. Tippett

Opinion

No. 361, Docket 28022.

Argued May 28, 1963.

Decided May 28, 1963.

Max Epstein, New York City (Arthur Goldstein, New York City, of counsel), for appellant.

Robert M. Morgenthau, U.S. Atty. Southern District of New York (Robert J. Geniesse, Arnold N. Enker, Asst. U.S. Attys., New York City, of counsel), for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.


Appellant, convicted of having violated 18 U.S.C. § 659, in that he stole goods valued in excess of $100 that were moving in interstate commerce, seeks reversal of his conviction on four grounds: (1) The Government was permitted to introduce evidence relating to the date charged in the indictment rather than a date typographically incorrect set forth in a bill of particulars; (2) the Government failed to prove the value of the goods alleged to have been taken inasmuch as the only proof offered was the invoice thereof, setting forth the price; (3) the evidence was insufficient to permit the jury to find the defendant guilty beyond a reasonable doubt; and (4) the defendant having voluntarily taken the stand, the cross-examination of him by government counsel was in certain respects improper and deprived him of a fair trial.

We find no merit in any of these grounds of alleged error, and affirm the conviction below.


Summaries of

United States v. Palumbo

United States Court of Appeals, Second Circuit
May 28, 1963
317 F.2d 607 (2d Cir. 1963)

In United States v. Palumbo, 317 F.2d 607 (2 Cir. 1963), in a case involving goods stolen from interstate commerce, the court upheld a conviction where the only evidence offered was the invoice price.

Summary of this case from United States v. Tippett
Case details for

United States v. Palumbo

Case Details

Full title:UNITED STATES of America, Appellee, v. Dominick PALUMBO, Appellant

Court:United States Court of Appeals, Second Circuit

Date published: May 28, 1963

Citations

317 F.2d 607 (2d Cir. 1963)

Citing Cases

United States v. Tippett

78 Cong.Rec. 6981 (May 5, 1934). In United States v. Palumbo, 317 F.2d 607 (2 Cir. 1963), in a case involving…

United States v. Rogers

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