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BORNE v. UNITED STATES

No. 20459.

332 F.2d 565 (1964)

Clifton Peter BORNE and Donald Joseph Walker, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 16, 1964.

Attorney(s) appearing for the Case

Dean A. Andrews, Jr., James T. Davis, Marcel J. Meunier, Jr., New Orleans, La., for appellants.

Peter E. Duffy, John C. Ciolino, Asst. U. S. Attys., Louis C. LaCour, U. S. Atty., New Orleans, La., for appellee.

Before CAMERON, WISDOM and GEWIN, Circuit Judges.

PER CURIAM:

Appellants were convicted for unlawfully selling a quantity of marihuana cigarettes in violation of 21 U.S.C.A. § 176a and 26 U.S.C.A. § 4742(a). The case was tried by a jury. Appellant Borne contends that the statutory presumption1 embodied in 21 U.S.C.A. § 176a violates his constitutional rights. Appellant Walker contends that his conviction is invalid by reason of entrapment.

After a careful consideration...

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