UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
June 19, 1939
LIBERTI ET AL.
Appeal from the District Court of the United States for the District of Connecticut.
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. .
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