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BORROTO v. UNITED STATES

No. 21292.

338 F.2d 60 (1964)

Ricardo BORROTO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 2, 1964.

Attorney(s) appearing for the Case

Daniel S. Pearson, Miami, Fla., for appellant.

James O. Murphy, Jr., Robert C. Josefsberg, William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellee.

Before JONES and GEWIN, Circuit Judges, and ESTES, District Judge.

PER CURIAM.

The appellant was convicted on six counts of an indictment charging narcotics offenses. Two counts of the indictment, charging sales of narcotics, were attacked on the ground that the identity of the purchaser was not shown. The district court rejected this contention and we are in agreement with its view. While it has been held that an indictment so drawn is defective1 the majority...

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