No. 12810.

277 F.2d 560 (1960)

UNITED STATES of America, Plaintiff-Appellee, v. James Cromwell BAILEY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 13, 1960.

Attorney(s) appearing for the Case

Glenn C. Fowlkes, Edward R. Gayles, Chicago, Ill., for appellant.

Charles R. Le Master, Asst. U. S. Atty., Kenneth C. Raub, U. S. Atty., Fort Wayne, Ind., Martin H. Kinney, George Vann, Asst. U. S. Attys., Hammond, Ind., for appellee.

Before HASTINGS, Chief Judge, KNOCH, Circuit Judge, and PLATT, District Judge.

PLATT, District Judge.

The defendant-appellant was tried to the court on a two count indictment. The indictment charged:

Count I: "On or about June 24, 1959, in the Northern District of Indiana, Joe Gillom, James Cromwell Bailey, and Dorothea Scott did knowingly, wilfully, feloniously and unlawfully sell, dispense and distribute a quantity of a narcotic drug, to-wit: 1 gram and 180 milligrams, more or less, of heroin hydrochloride, for the sum of...


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