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RODRIGUEZ v. UNITED STATES

No. 14943.

218 F.2d 810 (1955)

Juan Gutierrez RODRIGUEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fifth Circuit.

January 7, 1955.

Attorney(s) appearing for the Case

Jake Jay Reich, San Antonio, Tex., for appellant.

Bradford F. Miller, Asst. U. S. Atty., Lonny F. Zwiener, Asst. U. S. Atty., Charles F. Herring, U. S. Atty., San Antonio, Tex., for appellee.

Before HOLMES and TUTTLE, Circuit Judges, and ALLRED, District Judge.

PER CURIAM.

This case presents the same question as to the sufficiency of an indictment for receiving and concealing a narcotic drug knowing it to have been imported contrary to law as in United States v. Rodgers, 5 Cir., 218 F.2d 536. We there held, as we do here, that in a prosecution for receiving and concealing, under the second clause of section 174, Title 21, it is not necessary to allege that the narcotics had been imported...

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