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TILLMAN v. UNITED STATES

No. 17394.

268 F.2d 422 (1959)

James TILLMAN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 30, 1959.

Attorney(s) appearing for the Case

Albert J. Datz, Jacksonville, Fla., for appellant.

E. Coleman Madsen, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Jacksonville, Fla., for appellee.

Before RIVES and TUTTLE, Circuit Judges, and SIMPSON, District Judge.

RIVES, Circuit Judge.

The appellant, James Tillman, Jr., was tried on a two-count indictment for violation of Title 26 United States Code, §§ 4704(a) and 4705(a), that is, for unlawfully possessing 27 grains of heroin not in the original stamped package and for selling the same not pursuant to a written order on a form prescribed by the Secretary of Treasury. The appellant plead not guilty and the jury returned a verdict of guilty on the second count for...

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