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PETTWAY v. UNITED STATES

No. 12076.

216 F.2d 106 (1954)

Joseph PETTWAY, Jr., Appellant, v. The UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

October 21, 1954.

Attorney(s) appearing for the Case

Charles J. Schear, Newport, Ky. (Joseph Pettway, Jr., pro se, Donald J. Berlage, Cincinnati, Ohio, on the brief), for appellant.

Rhodes Bratcher, Asst. U. S. Atty., Louisville, Ky. (J. Leonard Walker, Rhodes Bratcher, Louisville, Ky., on the brief), for appellee.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

The appellant, Joseph Pettway, Jr., was indicted in the District Court under a 2-count indictment, which charged in the first count the illegal possession of three marihuana cigarettes on May 29, 1952 without having paid the transfer tax required by the Marihuana Tax Act of 1937,1 and in the second count the unlawful sale of three marihuana cigarettes on May 29, 1952 to William Dowdle in violation of the same law. He was represented...

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