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LEWIS v. UNITED STATES

Nos. 6212, 6243.

277 F.2d 378 (1960)

James W. LEWIS, Appellant, v. UNITED STATES of America, Appellee. James G. BURLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

March 5, 1960.

Attorney(s) appearing for the Case

Robert C. Rhone, Jr., Denver, Colo. (Andrews and Rhone, Denver, Colo., were with him on the brief), for appellants.

Jack K. Anderson, Asst. U. S. Atty. for Dist. of Colorado, Golden, Colo. (Donald G. Brotzman, U. S. Atty. for Dist. of Colorado, Boulder, Colo., was with him on the brief), for appellee.

Before MURRAH, Chief Judge LEWIS, Circuit Judge, and WALLACE, District Judge.

LEWIS, Circuit Judge.

These cases, now consolidated, reach this court for the second time from the District of Colorado. Earlier convictions of defendants Burley and Lewis for trafficking in narcotics in violation of 21 U.S.C.A. § 174 were set aside because of fatally defective indictments. 263 F.2d 912; 263 F.2d 959. Defendants were re-indicted for the same offense and, after a joint jury trial...

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