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BENESE v. UNITED STATES

No. 5223.

25 F.2d 231 (1928)

BENESE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 9, 1928.

Attorney(s) appearing for the Case

John E. Jackson, Bernard J. Daly, and Walter B. Hamlin, all of New Orleans, La., for appellant.

Wayne G. Borah, U. S. Atty., and P. M. Flanagan, Asst. U. S. Atty., both of New Orleans, La.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellant was charged with three other persons, to wit, Alfred Raener, John Burke, and Whitney Norman, with conspiring to violate the Harrison Narcotic Act (26 USCA §§ 211, 691-707; Comp. St. §§ 6287g-6287q). Apparently Burke and Norman entered pleas. Appellant and Raener were convicted, but appellant is the only defendant before this court. Various errors are assigned which will...

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