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UNITED STATES v. WOODS

No. 197, Docket 24694.

252 F.2d 334 (1958)

UNITED STATES of America, Appellee, v. Edmund G. WOODS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 31, 1958.

Attorney(s) appearing for the Case

Henry K. Chapman, New York City, for defendant-appellant.

Richard A. Green, Asst. U. S. Atty., S. D.N.Y., New York City (Paul W. Williams, U. S. Atty., and Mark F. Hughes, Jr., Asst. U. S. Atty., S.D.N.Y., New York City, on the brief), for appellee.

Before HINCKS, LUMBARD and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

Defendant Woods appeals from a conviction in a jury case of selling narcotics in violation of 21 U.S.C.A. §§ 173, 174. The trial presented but one question to the jury: Did the package which the defendant concededly sold to Agent Groff for $80 in cash contain narcotics, as the government testimony showed? Or did it contain merely plaster of Paris which the defendant palmed off on Agent Groff to cheat him out of $80, as the defendant...

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