POWELL v. UNITED STATES

No. 11923.

208 F.2d 618 (1953)

POWELL v. UNITED STATES.

United States Court of Appeals, Sixth Circuit.

December 31, 1953.


Attorney(s) appearing for the Case

Melvin E. Schaengold, Cincinnati, Ohio, for appellant.

Joseph C. Bullock, Asst. U. S. Atty., Hugh K. Martin, U. S. Atty., Cincinnati, Ohio, on the brief, for appellee.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

Appellant was indicted, together with three other co-defendants, for violation of 18 U.S.C. § 371, the conspiracy statute, and also for violation of 21 U.S.C. § 174, a section of the chapter on narcotic drugs. All of the defendants except appellant pleaded guilty to both counts. Prior to the trial on the conspiracy count, the count charging appellant with the substantive violation was nolled. Jury trial was waived in writing, and the...

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