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DESMOND v. UNITED STATES

Nos. 6135, 6218.

333 F.2d 378 (1964)

George C. DESMOND, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee (two cases).

United States Court of Appeals First Circuit.

June 25, 1964.

Attorney(s) appearing for the Case

Loyd M. Starrett, Boston, Mass., with whom Edwin H. Amidon, Jr., and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellant.

William J. Koen, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

The appellant and one Ivory Parker were indicted in March 1962 in two counts for violations of the federal narcotics laws, specifically Title 26 U.S.C. § 4705(a) and 21 U.S.C. § 174. The court below appointed separate counsel for each defendant, and in June 1962 they were tried together by jury on pleas of not guilty. Both were found guilty as charged, and each was sentenced forthwith to concurrent 5-year terms. Neither appealed.<...

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