WEATHERS v. UNITED STATES

No. 18202.

322 F.2d 566 (1963)

Leroy WEATHERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 23, 1963.


Attorney(s) appearing for the Case

Jack H. Friedenthal, Stanford, Cal., for appellant.

Cecil F. Poole, U. S. Atty., and Robert E. Woodward, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and KUNZEL, District Judge.


KUNZEL, District Judge.

Following trial by jury, appellant was convicted on two counts for violation of Section 174, Title 21 U.S.C.A.: the first, concealment of heroin; and the second, for the sale and facilitating the sale of heroin.

Appellant contends that the trial court erred in reserving its ruling on a motion for judgment of acquittal at the conclusion of the Government's case in chief, and further contends that the sentence imposed was based upon the...

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