Opinion
No. 410.
June 19, 1939.
Appeal from the District Court of the United States for the District of Connecticut.
Proceeding by the United States of America against Joseph Liberti and others. From the judgment rendered, the defendant appeals.
Judgment affirmed.
Woodruff Klein, of New Haven, Conn., and Tom Carsello, of Ansonia, Conn., for appellant.
Robert P. Butler, U.S. Atty., of Hartford, Conn., and Arthur T. Gorman, Asst. U.S. Atty., of New Haven, Conn.
Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.
If there was a variance between the allegations of the indictment and the proof, it does not appear to have been such a variance as to affect the substantial rights of the accused; hence it is not fatal. Berger v. United States, 295 U.S. 78, 82, 55 S.Ct. 629, 79 L.Ed. 1314; United States v. Twentieth Century Bus Operators, 2 Cir., 101 F.2d 700, 702, certiorari denied, 307 U.S. ___, 59 S.Ct. 821, 83 L.Ed. ___.
Judgment affirmed.