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UNITED STATES v. CODUTO

No. 12847.

284 F.2d 464 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Fred CODUTO, Howard Frye and Coyit Baker, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied, January 17, 1961.

Rehearing Denied, January 18, 1961.

Attorney(s) appearing for the Case

Charles A. Bellows, Jason Ernest Bellows, Chicago, Ill., (Sherman C. Magidson, Chicago, Ill., of counsel), for Fred Coduto. John J. Cogan, Chicago, Ill., for appellants, Howard Frye and Coyit Baker.

Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

Rehearing Denied, En Banc, January 17, 1961.

Rehearing Denied, Panel, January 18, 1961.

CASTLE, Circuit Judge.

The defendants Fred Coduto, Howard Frye and Coyit Baker were indicted in a nine count indictment. The indictment charged violations of Section 4705(a), Title 26 and Section 174, Title 21 U.S. C.A. Five of the counts were applicable to Coduto and charged him with unlawful sale of narcotic drugs, unlawful receipt, concealment, and facilitation...

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