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McNICHOL v. UNITED STATES

No. 4381.

9 F.2d 623 (1925)

McNICHOL v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 4, 1925.

Attorney(s) appearing for the Case

Wm. R. Harrison, of Memphis, Tenn., for plaintiff in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (S. E. Murray, U. S. Atty., and A. A. Hornsby, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.

DONAHUE, Circuit Judge.

The plaintiff in error was convicted and sentenced upon an indictment containing six counts, each count charging a separate violation of the Harrison Anti-Narcotic Act (Comp. St. §§ 6287g-6287q).

Counsel for plaintiff in error rely solely on the eleventh assignment of error in reference to the impaneling of the jury. During the impaneling of the jury, and after the district attorney had stated that the 12 men then in the jury...

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