EMMETT v. UNITED STATES

No. 5980.

262 F.2d 70 (1958)

Joe Anthony EMMETT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 25, 1958.


Attorney(s) appearing for the Case

No appearance for appellant.

John S. Pfeiffer, Asst. U. S. Atty., Denver, Colo. (Donald E. Kelley, U. S. Atty., Denver, Colo., was with him on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying a motion to vacate a sentence, made by Emmett under 28 U.S.C.A. § 2255. Emmett was tried, convicted and sentenced to imprisonment for a term of five years on three counts of an indictment, each charging a violation of the Marihuana Tax Act, 26 U.S.C.A. §§ 4741-4744, inclusive.

During the trial, counsel for the United States called as a Government witness the lieutenant in charge of the Bureau...

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