ZARATE v. UNITED STATES

No. 5801.

41 F.2d 598 (1930)

ZARATE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 30, 1930.


Attorney(s) appearing for the Case

Herbert S. Phillips and C. J. Hardee, both of Tampa, Fla., for appellant.

D. Heywood Hardy, Sp. Asst. to the Atty. Gen. (Wilburn P. Hughes, U. S. Atty., of Jacksonville, Fla., on the brief), for the United States.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.


FOSTER, Circuit Judge.

Appellant, George Zarate, was convicted on an indictment, which charged him and Charles Wall with the unlawful sale of three ounces of morphine, on each of two dates, January 21 and January 29, 1928. On motion of the defendants, two other indictments were consolidated with the one on which he was convicted for purposes of trial. One of them charged a conspiracy between Zarate, Wall, and one Michael Gullo, to unlawfully sell and dispense morphine...

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