TOLIVER v. UNITED STATES

No. 14395.

224 F.2d 742 (1955)

Charles E. TOLIVER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 26, 1955.


Attorney(s) appearing for the Case

Leslie C. Gillen, Gregory S. Stout, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., John H. Riordan, Jr., Richard H. Foster, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, ORR, Circuit Judge, and JAMES M. CARTER, District Judge.


JAMES M. CARTER, District Judge.

This appeal raises two principle questions: First, one of identity of offenses, whether appellant could properly be convicted for both the violation of the narcotic laws of the United States, and conspiring to violate the narcotic laws of the United States; and Second, whether sufficient evidence was introduced by the government to sustain the conviction under counts Three and Four of the indictment.

Appellant, Charles C. Toliver...

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