United States v. Liberti

105 F.2d 134, 1939 U.S. App. LEXIS 3271
Court of Appeals for the Second Circuit·Decided June 19, 1939·No. No. 410·Published

Opinion

PER CURIAM.

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.

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United States v. Liberti, 105 F.2d 134, 1939 U.S. App. LEXIS 3271 (2d Cir. 1939).

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Related

Berger v. United States
295 U.S. 78 (Supreme Court, 1935)