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THOMAS v. UNITED STATES

No. 19799.

314 F.2d 936 (1963)

Royal THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 25, 1963.

Attorney(s) appearing for the Case

T. Gilbert Sharpe, Brownsville, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Homero M. Lopez, Asst. U. S. Atty., Brownsville, Tex., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal from a judgment of conviction on each count of a two-count indictment. Count I charged the appellant with smuggling two ounces of marihuana into the United States, in violation of 21 U.S.C. § 176a,1 and Count II charged him with transporting and concealing the marihuana without having paid the transfer tax imposed by the Internal Revenue Code, in violation of 26 U.S.C. § 4744(a) (2...

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