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UNITED STATES v. LAUER

No. 13089.

287 F.2d 633 (1961)

UNITED STATES of America, Plaintiff-Appellee, v. Arnold George LAUER, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 12, 1961.

Attorney(s) appearing for the Case

Theodore Lockyear, Jr., Lockyear & Lockyear, Evansville, Ind., for appellant.

Don A. Tabbert, U. S. Atty., Philip R. Melangton, Jr., Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Arnold George Lauer, defendant-appellant was indicted in a two count indictment charging unlawful sale of narcotics in violation of 26 U.S.C.A. § 4705(a). A special answer and plea filed by defendant asserting the unconstitutionality of 26 U.S.C.A. §§ 4705(a) and 4731 was denied by the District Court and the cause proceeded to trial before a jury. Defendant was found guilty by the jury on both counts and was sentenced for a period...

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