MAJOR, Circuit Judge.
This case presents the sole question as to whether appellant (defendant) has been placed in double jeopardy by reason of the prosecution forming the basis for this appeal, in violation of the Fifth Amendment to the United States Constitution.
Defendant, on July 16, 1957, was charged in a four-count indictment (No. 57 CR 461) with substantive violations of the narcotic laws: Count 1, selling 43 grains of heroin...
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