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CURTIS v. UNITED STATES

No. 18882.

297 F.2d 639 (1961)

Alberta Edelstein CURTIS and Arthur Athens, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 22, 1962.

Attorney(s) appearing for the Case

William M. Spanakos, Brooklyn, William C. Wright, Laredo, Tex., John E. Fitzgibbon, Laredo, Tex., for appellants Curtis and Athens.

William B. Butler, Asst. U. S. Atty., Scott T. Cook, Asst. U. S. Atty., Houston, Tex., Woodrow Seals, U. S. Atty., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and RIVES, Circuit Judges.

RIVES, Circuit Judge.

Upon a jury's verdict, the appellants, defendants, were adjudged guilty under both counts of an indictment, the first charging conspiracy to smuggle marihuana into the United States and to transport and conceal the same in violation of Section 176a, Title 21 United States Code Annotated,1 and the second charging the substantive offense of smuggling into the United States 100 pounds of marihuana in violation of said...

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