NICHOLSON v. UNITED STATES

No. 15184.

221 F.2d 281 (1955)

Marion Alfred NICHOLSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 1, 1955.


Attorney(s) appearing for the Case

William P. Murphy and Silver, Goff, Murphy, Ryan & Gottlieb, St. Paul, Minn., filed brief for appellant.

George E. MacKinnon, U. S. Atty., and Clifford Janes, Asst. U. S. Atty., St. Paul, Minn., filed brief for appellee.

Before GARDNER, Chief Judge, and COLLET and VAN OOSTERHOUT, Circuit Judges.


COLLET, Circuit Judge.

The defendant was tried on three counts of an indictment. Counts No. Seven and Eight charged unlawful possession and transfer of marihuana. Count Nine charged conspiracy to unlawfully transfer marihuana. The jury found him not guilty on Counts Seven and Eight. He was convicted and sentenced on Count Nine. From the judgment of conviction he appeals.

Three assignments of error are presented. First, that defendant's motion for a directed...

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