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UNITED STATES v. COLE

No. 13765.

311 F.2d 500 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. John COLE, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 1, 1963.

Attorney(s) appearing for the Case

R. Eugene Pincham, Charles B. Evins and Glenn C. Fowlkes, Chicago, Ill., for appellant John Cole.

James P. O'Brien, U. S. Atty., John Powers Crowley, Asst. U. S. Atty., Chicago, Ill., for appellee; John Peter Lulinski, Asst. U. S. Atty., of counsel.

Before HASTINGS, Chief Judge, SWYGERT, Circuit Judge, and GRUBB, District Judge.

SWYGERT, Circuit Judge.

After a jury-waived trial in the District Court, defendant, John R. Cole, was found guilty of violating the federal narcotics laws, and was sentenced to a term of imprisonment. He had been charged in a one-count indictment with having received, concealed, and facilitated the transportation and concealment of heroin in violation of 21 U.S.C. § 174, as amended by the Narcotic Control Act of 1956.

Before the trial defendant moved...

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