Opinion · Court of Appeals for the Third Circuit

Dano v. United States

Dano v. United States, 91 F.2d 1012 (3d Cir. 1937)

Type
Opinion
Court
Court of Appeals for the Third Circuit
Jurisdiction
Federal
Date
1937-08-05
Topic
general

PER CURIAM. In the court below Nick Dano was tried, convicted, and sentenced on an indictment charging him with certain violations of Joint Resolution No. 373, section 1162a, .title 26 U.S.C.A., and Regulation 17 of the Bureau of Internal Revenue. , Thereupon he took this appeal from an order of the court denying his motio.n in arrest of judgment, and the question involved is the constitutionality of such legislation and regulation. That question was decided in an opinion of the judge below reported in (D.C.) 20 F.Supp. 458. After consideration had, we affirm the court’s action, adopting its opinion as the view of this court.

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DANO v. UNITED STATES,91 F.2d 1012(3rd Cir. 1937)
Nick DANO, Defendant-Appellant, v. UNITED STATES of America,
Plaintiff-Appellee.
No. 6384.
Circuit Court of Appeals, Third Circuit.
August 5, 1937.
Appeal from the District Court of the United States for the Western District of Pennsylvania.

For opinion below, see20 F. Supp. 458.
John D. Meyer, of Pittsburgh, Pa., for appellant.

Charles F. Uhl, U.S. Atty., and George Mashank, Asst. U.S. Atty., both of Pittsburgh, Pa.
Before BUFFINGTON, THOMPSON, and BIGGS, Circuit Judges.
PER CURIAM.
In the court below Nick Dano was tried, convicted, and sentenced on an indictment charging him with certain violations of Joint Resolution No. 373, section 1162a, title 26 U.S.C.A., and Regulation 17 of the Bureau of Internal Revenue. Thereupon he took this appeal from an order of the court denying his motion in arrest of judgment, and the question involved is the constitutionality of such legislation and regulation. That question was decided in an opinion of the judge below reported in (D.C.)20 F. Supp. 458.

After consideration had, we affirm the court's action, adopting its opinion as the view of this court.Page 52