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ROBINSON v. UNITED STATES

No. 5962.

263 F.2d 911 (1959)

Betty ROBINSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 26, 1959.

Attorney(s) appearing for the Case

Raymond W. Weaver, Jr., Denver, Colo., for appellant.

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

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

PER CURIAM.

Appellant stands convicted upon the first count of a ten count indictment charging her and others with the unlawful trafficking in narcotics. Although not raised in the trial level, contention is now made that the indictment fails to state a public offense, is consequently fatally defective, and that the voiding of all proceedings resulting in appellant's conviction is now required. We reluctantly agree to such necessity.

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