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UNITED STATES v. SHERMAN

No. 29, Docket 22392.

200 F.2d 880 (1952)

UNITED STATES v. SHERMAN.

United States Court of Appeals Second Circuit.

Decided December 16, 1952.

Attorney(s) appearing for the Case

Henry A. Lowenberg, New York City, for appellant.

Mortimer C. O'Brien, White Plains (Myles J. Lane, U. S. Atty. for Southern District of New York, New York City, Thomas F. Burchill, Jr., and Harold J. Raby, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before SWAN, Chief Judge, and L. HAND and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment of conviction under an indictment in three counts for selling narcotics,1 each in identical words except that they laid the sales at different dates: i.e., that the accused "did receive, conceal, sell and facilitate the transportation, concealment and sale" of heroin. The evidence proved beyond dispute that Sherman, the accused,...

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