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UNITED STATES v. SEARS

No. 12487.

265 F.2d 657 (1959)

UNITED STATES of America, Plaintiff-Appellee, v. Otis SEARS, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 14, 1959.

Attorney(s) appearing for the Case

Claude W. B. Holman, Alvin A. Turner, E. F. Johnson, Russell R. De Bow, Jetta N. Jones, William S. Joy, Chicago, Ill., Westbrooks, Holman & E. F. Johnson, Chicago, Ill., of counsel, for appellant.

Robert Tieken, U. S. Atty., John J. Quan, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Atty., of counsel, Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and SCHNACKENBERG and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

Defendant-appellant Otis Sears was charged in a three-count indictment with violations of the narcotic laws, Title 26 U.S.C.A. §§ 2553(a) and 2554(a) and Title 21 U.S.C.A. § 174, respectively. He entered a plea of not guilty, waived a jury and was tried to the court.

There was no request for the court to find the facts specially pursuant to Rule 23(c) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. However,...

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