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BERRY v. UNITED STATES

No. 14080.

253 F.2d 875 (1958)

Charles BERRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 13, 1958.

Attorney(s) appearing for the Case

Mr. Robert L. Ackerly, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Carl W. Belcher, Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., Lewis Carroll and Arthur J. McLaughlin, Asst. U.S. Attys., were on the brief, for appellee.

Before BAZELON and BURGER, Circuit Judges, and MADDEN, Judge of the Court of Claims.

PER CURIAM.

Appellant seeks reversal of his conviction on Counts 7, 8 and 9 of an indictment against him and one Harding for violation of the narcotics laws.1 26 U. S.C. §§ 4704(a), 4705(a), 21 U.S.C.A. § 174. He complains about the admission of certain testimony and the inadequacy of certain instructions. But the points were not raised below and the circumstances do not impel us to invoke our discretion under Fed.Rules...

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