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QUERCIA v. UNITED STATES

No. 2688.

62 F.2d 746 (1933)

QUERCIA v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

January 3, 1933.

Attorney(s) appearing for the Case

Essex S. Abbott, of Boston, Mass. (Joseph V. Carroll, of Boston, Mass., on the brief), for appellant.

Elihu D. Stone, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Boston, Mass., on the brief), for the United States.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

WILSON, Circuit Judge.

The appellant and one John Brogna were indicted under two counts and charged with selling, dispensing, and distributing a narcotic drug on two separate days. Brogna pleaded guilty. The appellant was found guilty by a jury. The main issue was whether the evidence warranted a finding by the jury that the appellant participated as a principal in the sale of the drug; the officer who purchased the drug testifying that he paid Brogna for it and it...

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