U.S. Court of Appeals for the Second Circuit, 1939

United States v. Liberti

United States v. Liberti
U.S. Court of Appeals for the Second Circuit · Decided June 19, 1939
105 F.2d 134; 1939 U.S. App. LEXIS 3271 (Federal Reporter, Second Series)

United States v. Liberti

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.