The following excerpt is from U.S. v. Guerro, 694 F.2d 898 (2nd Cir. 1982):
Id. at 439, 51 S.Ct. at 185 (quoting Cornell v. Moulton, 3 Denio 12, 16 (N.Y.Sup.Ct. 1846)). This principle has been applied in criminal as well as civil cases. 5 "The general
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