JERTBERG, Circuit Judge.
Two appeals are involved in this consolidated proceeding. Each appeal is from a separate judgment in a separate criminal prosecution under the narcotic laws of the United States.
Two indictments were returned by the grand jury on the same day. In one indictment containing two counts, the appellant Erwing alone was charged: (1) with selling, and facilitating the sale, on or about January 6, 1959, of 9 grams and 300 milligrams (.328...
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