UNITED STATES v. JONES

No. 263, Docket 27157.

308 F.2d 26 (1962)

UNITED STATES of America, Appellee, v. Eugene JONES, Appellant.

United States Court of Appeals Second Circuit.

Submitted April 3, 1962.

Decided August 17, 1962.


Attorney(s) appearing for the Case

Anthony F. Marra, New York City (Leon Polsky, New York City, of counsel), Legal Aid Society, for appellant.

Robert M. Morgenthau, U. S. Atty., S.D.N.Y. (Arthur I. Rosett, Jonathan L. Rosner, New York City, of counsel), for appellee.

Before CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.


Argued February 15, 1962 to a Panel.

Submitted to in Banc Court April 3, 1962.

WATERMAN, Circuit Judge, with whom CLARK, FRIENDLY, KAUFMAN, HAYS and MARSHALL, Circuit Judges, concur.

The appeal, now before the in banc court, was originally argued before a panel of three judges, Judges SMITH, HAYS and MARSHALL. Inasmuch as appellant had been convicted of a substantive violation of 21 U.S.C.A. § 174, and, upon appeal, the Government had argued...

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