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UNITED STATES v. DAVIS

No. 354, Docket 28681.

328 F.2d 864 (1964)

UNITED STATES of America, Appellee, v. James Rufus DAVIS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 5, 1964.

Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City), for appellant.

Martin R. Gold, New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York) (James M. Brachman, Asst. U. S. Atty.), for the United States of America.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

This was a typical narcotics prosecution for violating and conspiring to violate 21 U.S.C. §§ 173 and 174. The Government's evidence, presented through agent Broadnax and a surveilling agent, was to the following effect: Broadnax and an informant met one Ivey on W. 115th St. near Lenox Ave. about 12:30 P.M. on February 14, 1961. When Broadnax was represented to be interested in buying heroin, Ivey told him to go to the Regent Restaurant...

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