No. 19916.

315 F.2d 679 (1963)

Anthony GARCIA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 20, 1963.

Attorney(s) appearing for the Case

Clyde W. Woody, Houston, Tex., for appellant.

James R. Gough and William A. Jackson, Asst. U. S. Attys., Houston, Tex., Woodrow Seals, U. S. Atty., for appellee.

Before HUTCHESON, WISDOM and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

The appellant Garcia and three co-defendants were tried by a jury under an indictment charging them with a conspiracy to deal unlawfully in narcotics in violation of Title 21 U.S.C.A. § 174. One of the defendants was acquitted, but Garcia and two others were convicted. Garcia was also charged with and convicted of selling heroin in violation of Title 26 U.S.C.A. § 4705(a). Only Garcia has appealed...

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