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BACINO v. UNITED STATES

Nos. 7193, 7194.

316 F.2d 11 (1963)

Joseph BACINO, Appellant, v. UNITED STATES of America, Appellee (two cases).

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 6, 1963.

Attorney(s) appearing for the Case

V. G. Seavy, Pueblo, Colo. (Seavy & Seavy, Pueblo, Colo., on the brief), for appellant.

Lawrence M. Henry, U. S. Atty. (Michael C. Villano, Asst. U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellant was indicted in two separate indictments, each containing one count charging him with the unlawful transfer and sale of marihuana in violation of Title 26 U.S.C. § 4742(a). The cases were consolidated for trial, the jury found the appellant guilty in both cases, and he appeals.

Appellant urges that the court erred in not sustaining his motion for a mistrial; that the evidence was insufficient to support the verdict;...

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