396 F2d 952 United States v. Garafolo

396 F.2d 952

UNITED STATES of America, Plaintiff-Appellee,
Sam GARAFOLO, Defendant-Appellant.

No. 15813.

United States Court of Appeals Seventh Circuit.

June 17, 1968.


Before SCHNACKENBERG, HASTINGS, and KNOCH, Circuit Judges.


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On consideration of the order and judgment of the Supreme Court, 390 U.S. 144, 88 S.Ct. 841, 19 L.Ed.2d 970, granting certiorari to this court and vacating our judgment heretofore entered and reported as United States v. Garafolo, 385 F.2d 200 (1968), and remanding this case to us for further consideration in light of Smith v. State of Illinois, 390 U.S. 129, 88 S.Ct. 748, 19 L.Ed.2d 956 (January 29, 1968); and


On further consideration of the record as a whole, and consistent with the mandate to this court;


It is ordered and adjudged, that the judgment of conviction on appeal to this court in this matter be, and the same is now reversed, and this cause is remanded to the district court for a new trial.