GAMBILL v. UNITED STATES

No. 13916.

276 F.2d 180 (1960)

George GAMBILL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

April 4, 1960.


Attorney(s) appearing for the Case

William A. Ogden, Cincinnati, Ohio (Appointed by the court), George Gambill, pro se, on brief, for appellant.

N. Mitchell Meade, Asst. U. S. Atty., Lexington, Ky., Henry J. Cook, U. S. Atty., Lexington, Ky., on brief, for appellee.

Before SIMONS, Senior Judge, POPE, Circuit Judge, and O'SULLIVAN, District Judge.


SIMONS, Senior Judge.

Appellant was convicted and sentenced, after trial to a jury, for unlawfully purchasing cocaine, morphine, phensal and digalen tablets, allegedly derivatives of opium and cocoa leaves. It was discovered that phensal and digalen are not narcotics and the Government so concedes. When the chemist, who had analyzed the tablets, was called to testify, defendant's counsel stipulated that all the tablets were narcotic drugs and opium derivatives.

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