UNITED STATES v. MARTINEZ

No. 494, Docket 28401.

333 F.2d 80 (1964)

UNITED STATES of America, Appellee, v. Jose Mario MARTINEZ, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 15, 1964.

Certiorari Denied November 9, 1964.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, The Legal Aid Society), for appellant.

Andrew M. Lawler, Jr. (Robert M. Morgenthau, U. S. Atty., for Southern District of New York) (Robert J. McGuire, Asst. U. S. Atty., of counsel), for appellee.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.


Certiorari Denied November 9, 1964. See 85 S.Ct. 199.

PER CURIAM:

This appeal from a judgment of the District Court for the Southern District of New York in which Judge Croake, sitting without a jury, convicted appellant Martinez of selling cocaine to a federal narcotics agent in violation of 21 U.S.C. §§ 173 and 174, raises two claims. The first, that the clause authorizing conviction under § 174 on a showing merely of possession of a narcotic...

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