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MARSHALL v. UNITED STATES

No. 6600.

293 F.2d 561 (1961)

Howard R. MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 26, 1961.

Attorney(s) appearing for the Case

George J. Francis, Denver, Colo., for appellant.

Arthur A. Dickerman, Los Angeles, Cal. (Lawrence M. Henry, U. S. Atty., and Richard P. Matsch, Asst. U. S. Atty., Denver, Colo., on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appellant has now been twice tried and twice found guilty by juries upon each of two counts of an information charging violation of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. This court's affirmance of the judgment of conviction obtained at the first trial, 10 Cir., 258 F.2d 94, was set aside because of extraneous events occurring during the course of the trial which irretrievably...

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