United States v. Todaro

Second Circuit

United States v. Todaro

145 F.2d 977, 1944 U.S. App. LEXIS 2719

CourtCourt of Appeals for the Second Circuit

DecidedNovember 29, 1944

DocketNo. 128

StatusPublished

Cited by5 cases

This text of 145 F.2d 977 (United States v. Todaro) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Todaro, 145 F.2d 977, 1944 U.S. App. LEXIS 2719 (2d Cir. 1944).

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Opinion

PER CURIAM.

The accused complains that proof of his agreement to purchase counterfeit ration coupons after they had been printed was insufficient to support a conviction of conspiracy to manufacture, obtain, possess, and dispose of the coupons. For this argument he relies upon United States v. Koch, 2 Cir., 113 F.2d 982. But in that case there was a total failure of evidence to show that the accused had any knowledge of the methods employed by the sellers of the cocaine, or that he had any part in the plan of getting it or in disposing of it. He simply bought it. Here there was abundant evidence of the defendant’s knowledge of the unlawful scheme to obtain and dispose of the coupons. He advised and assisted in the formation of it, and tried to persuade Rowe to print them. That was enough. Marino v. United States, 9 Cir., 91 F.2d 691, 113 A.L.R. 975. A single conspiracy may embrace" several crimes, and the commission of an overt act in furtherance of any one or more of them will suffice. Tramp v. United States, 8 Cir., 86 F.2d 82.

Judgment affirmed.

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PER CURIAM.

The accused complains that proof of his agreement to purchase counterfeit ration coupons after they had been printed was insufficient to support a conviction of conspiracy to manufacture, obtain, possess, and dispose of the coupons. For this argument he relies upon United States v. Koch, 2 Cir., 113 F.2d 982. But in that case there was a total failure of evidence to show that the accused had any knowledge of the methods employed by the sellers of the cocaine, or that he had any part in the plan of getting it or in disposing of it. He simply bought it. Here there was abundant evidence of the defendant’s knowledge of the unlawful scheme to obtain and dispose of the coupons. He advised and assisted in the formation of it, and tried to persuade Rowe to print them. That was enough. Marino v. United States, 9 Cir., 91 F.2d 691, 113 A.L.R. 975. A single conspiracy may embrace" several crimes, and the commission of an overt act in furtherance of any one or more of them will suffice. Tramp v. United States, 8 Cir., 86 F.2d 82.

Judgment affirmed.

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145 F.2d 977, 1944 U.S. App. LEXIS 2719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-todaro-ca2-1944.

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