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UNITED STATES v. KELLY

Nos. 198, 199, Dockets 33489, 33490.

420 F.2d 26 (1969)

UNITED STATES of America, Appellee, v. Charles KELLY and Raymond Imp, Appellants.

United States Court of Appeals Second Circuit.

Decided October 28, 1969.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Albert J. Krieger, New York City, for appellant Kelly.

Gilbert S. Rosenthal, New York City, for appellant Imp.

Robert Kasanof, New York City (on the joint brief), for appellants.

James W. Brannigan Jr., Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, Peter E. Fleming, Jr., and Gary P. Naftalis, Asst. U. S. Attys., on the brief), for appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellants, two New York City narcotics detectives, were convicted on trial to the jury in the United States District Court for the Southern District of New York, Milton Pollack, Judge, of themselves conspiring to engage and engaging in narcotics traffic in violation of 21 U.S.C. §§ 173, 174 and 26 U.S.C. §§ 4705(a) and 7237(b). We find error in permitting the use on trial of the results of scientific tests...

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