United States v. Brandenburgh, 181.
| Decision Date | 11 January 1945 |
| Docket Number | No. 181.,181. |
| Citation | 146 F.2d 878 |
| Parties | UNITED STATES v. BRANDENBURGH. |
| Court | U.S. Court of Appeals — Second Circuit |
John J. Mangini, of New York City (Raphael V. Grottola, of New York City, on the brief), for appellant.
John F. X. McGohey, U. S. Atty., of New York City (Arthur H. Taylor and Clayton D. Hollinger, Asst. U. S. Attys., both of New York City, of counsel), for appellee.
Before CHASE, CLARK, and FRANK, Circuit Judges.
The defendant Virginia Brandenburgh was convicted, together with Peter and Rose Salanardi, of a violation of 18 U.S. C.A. § 88, in that she conspired with them to violate the Harrison Narcotics Act, 26 U.S.C.A. Int.Rev.Code, §§ 2553 and 2554, and also 21 U.S.C.A. §§ 173 and 174. She alone has appealed. Her codefendants were convicted also of the substantive offenses defined in those sections, upon an indictment which did not name her but which over her objection was consolidated for trial with the conspiracy indictment. One question presented on this appeal is whether the trial court abused its discretion when it granted the government's motion to consolidate the two indictments.
There were no allegations in the indictment that any of the defendants illegally imported any narcotics nor that they dealt with such narcotics having knowledge of their prior illegal importation. So far as defendant Brandenburgh was concerned, the proof was directed to showing her participation in a conspiracy to sell a quantity of opium other than in or from the original package bearing internal revenue stamps, and to sell it other than in pursuance of the purchaser's written order on a form authorized by the Secretary of the Treasury, such sales being forbidden by the sections of the Internal Revenue Code mentioned in the indictments.
The case was tried to a jury in the District Court for the Southern District of New York, who could have found from generally uncontradicted evidence that the following acts occurred: A Detroit dope peddler named Abe Weiner (who was named with these defendants in the second indictment but whose case was disposed of before this trial) came to New York City on April 2, 1943, accompanied by one Collins, an informer in the pay of the Narcotic Division of the Treasury Department. He had previously smoked opium with her in Detroit and had told her that he could obtain the narcotic more cheaply in New York from persons whom he called "the Dago" and "Mom," later identified as the defendants Peter Salanardi and Brandenburgh. Upon their arrival they went to a hotel, and shortly afterward Weiner telephoned to the appellant, who came to see him in the hotel that evening. He requested her to obtain a toy of opium, whereupon she put in a telephone call to "the Dago" from the hotel lobby. An hour or so later the latter appeared in the drug store adjoining the hotel and there delivered to the appellant a toy of opium, for which she then paid with money given her by Weiner. Up in the hotel room again, she and the others present smoked it.
Weiner then requested the appellant to buy a tin of opium for him to take back to Detroit. She declined to make the purchase but agreed to have Salanardi get in touch with him about it. The next day Salanardi telephoned and the...
To continue reading
Request your trial
-
United States v. Postma
...There was evidence enough to establish that fact and to support the verdict of guilt which rested thereon. See United States v. Brandenburgh, 2 Cir., 146 F.2d 878, 879. The mere fact that a continuation of the strike directly or indirectly would work economic hardship, direct or indirect, o......
-
United States v. Scoblick, 11487 to 11492.
...Davis v. United States, 5 Cir., 148 F.2d 203, certiorari denied, 1945, 325 U. S. 888, 65 S.Ct. 1570, 89 L.Ed. 2001; United States v. Brandenburgh, 2 Cir., 1945, 146 F.2d 878; Firotto v. United States, 8 Cir., 1942, 124 F.2d 532; Cardigan v. Biddle, 8 Cir., 1925, 10 F.2d 444; cf. Opper v. Un......
-
United States v. Marzano
...and the evidence of Sperduto's connection with Marzano would have been admissible under the indictment for sale. United States v. Brandenburgh, 2 Cir., 146 F.2d 878. As soon as a conspiracy between these two was shown, the addition of Tessalone became relevant. The next objection is that th......
-
United States v. Valdes
...defendant unless it can be shown that the requirements of due process of law would not be met in a joint trial. United States v. Brandenburgh, (2d Cir., 1945), 146 F.2d 878. Hence, it has been held that where the charges imputed to separate defendants arise from the same transaction, or out......