HARBOLD v. UNITED STATES

No. 5772.

255 F.2d 202 (1958)

Dudley Clarence HARBOLD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 24, 1958.


Attorney(s) appearing for the Case

James R. Toulouse (of McAtee, Toulouse & Marchiando), Albuquerque, N. M., for appellant.

James A. Borland, Albuquerque, N. M., for appellee.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The appellant has appealed from a conviction and sentence for unlawful possession and sale of narcotics. 21 U.S. C.A. § 174 and 26 U.S.C.A. § 4705(a). At the outset, he challenges the sufficiency of the evidence to support the guilty jury verdict, and assigns as error the refusal of the trial court to direct a verdict of acquittal.

The salient facts are not in dispute. On June 20, 1957, in Albuquerque, New Mexico, a narcotic...

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