United States v. Koritan
| Decision Date | 21 November 1960 |
| Docket Number | No. 13223.,13223. |
| Parties | UNITED STATES of America, v. Gilbert D. KORITAN, also known as Gilbert Goldberg, Paul Lee Adams and Wallace Trusty Wallace Trusty, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
George Gershenfeld, Philadelphia, Pa., for appellant.
Robert J. Thompson, Asst. U. S. Atty., Philadelphia, Pa. (Walter E. Alessandroni, U. S. Atty., James Paul Dornberger, Asst. U. S. Atty., Philadelphia, Pa., on the brief), for appellee.
Before GOODRICH, KALODNER and STALEY, Circuit Judges.
This is an appeal from a conviction for conspiracy. The case presents the question of the effect of a conviction of one conspirator where the charge against a coconspirator was subsequently nolprossed. This is the very question presented in our decision in United States v. Fox, 3 Cir., 1942, 130 F.2d 56. We adhere to our ruling in that case and the judgment of the district court will be affirmed, 182 F.Supp. 143.
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United States v. Suba
... ... Gordon, 242 F.2d 122 (3d Cir. 1957), cert. denied 354 U.S. 921, 77 S.Ct. 1378, 1 L.Ed.2d 1436. Nor did the verdict of not guilty rendered by the jury in the earlier trial of Alexander and Volpe leave more than one defendant whose case was undisposed of. Cf. United States v. Koritan, 182 F.Supp. 143 (E.D.Pa.1960), aff'd per curiam 3 Cir., 283 F.2d 516 ... To the contrary, only Suba, Alexander, and Volpe were named as co-conspirators in the indictment, and after the verdict in the earlier trial only Suba's case remained open. Thus, if leave to withdraw his plea ... ...
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...by a subsequent acquittal at separate trials of all alleged conspirators. The Byrd Court in its analysis cited United States v. Koritan, 283 F.2d 516 (3rd Cir.1960), aff'g, 182 F.Supp. 143 (E.D.Pa.), for the proposition "that [the fact] the prosecution has nolle prossed charges against one ......
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