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WARE v. UNITED STATES

No. 16017.

259 F.2d 442 (1958)

Larry WARE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 14, 1958.

Attorney(s) appearing for the Case

Julius L. Sherwin, Chicago, Ill. (Theodore R. Sherwin, Chicago, Ill., on the brief), for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo. (Harry Richards, U. S. Atty., St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

Larry Ware, defendant-appellant herein, was convicted by a jury on all five counts of an indictment charging narcotic violations. The five counts arose out of two transactions. Count 1 charged the purchase of heroin on or about August 21, 1954. Count 2 charged the sale of the same quantity of heroin on or about August 21, 1954, and Count 3 charged possession of the same drug on that date. Count 4 charged the sale of a quantity of heroin on or...

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