UNITED STATES v. ASHLEY

No. 144, Docket 26419.

286 F.2d 512 (1961)

UNITED STATES of America, Appellee, v. James ASHLEY, Appellant,

United States Court of Appeals Second Circuit.

Decided January 27, 1961.


Attorney(s) appearing for the Case

James Ashley, pro se.

S. Hazard Gillespie, Jr., U. S. Atty., Southern Dist. of New York, New York City (Alfred Donati, Jr., Gideon Cashman, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.


PER CURIAM.

Appellant was tried to and convicted by a jury upon an indictment charging him with having violated 21 U.S.C.A. §§ 173 and 174. The Government proof was overwhelming that 40 grains of cocaine were sold for one hundred dollars at the time and place alleged in the indictment and under the circumstances testified to by U. S. narcotics agents. Appellant was positively identified as the seller. Appellant testified in his own defense. He denied having...

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