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HEINECKE v. UNITED STATES

No. 17450.

316 F.2d 685 (1963)

Alfred J. HEINECKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1963.

Attorney(s) appearing for the Case

Mr. O. John Rogge, Washington, D. C., with whom Mr. Josiah Lyman, Washington, D. C., was on the brief, for appellant.

Mr. Tim Murphy, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellant was tried under an indictment charging violation of federal and local obscenity statutes, 18 U.S.C. §§ 371, 1461 and D.C.Code Ann. § 22-201, and found guilty on twenty-eight counts. Thereafter his conviction was affirmed by this court. Heinecke v. United States, 111 U.S.App.D.C. 98, 294 F.2d 727 (1961), cert. denied, 368 U.S. 901, 82 S.Ct. 173, 7 L.Ed.2d 96.

Appellant's primary...

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