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PHELPS v. UNITED STATES

No. 16479.

252 F.2d 49 (1958)

John Roland PHELPS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 14, 1958.

Attorney(s) appearing for the Case

Wellington Chew, George Rodriguez, El Paso, Tex., for appellant.

Holvey Williams, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., James E. Hammond, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Appellant, John Roland Phelps, was convicted of smuggling marihuana into the United States. The indictment, citing 21 U.S.C.A. § 174,1 charged that Phelps, "on or about August 15, 1956, in El Paso County, Texas, * * * with intent to defraud the United States, knowingly smuggled and clandestinely introduced into the United States two pounds and seven ounces of marihuana...

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