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UNITED STATES v. SMITH

No. 15507.

343 F.2d 847 (1965)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin SMITH and James Smith, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

April 7, 1965.

Attorney(s) appearing for the Case

Scott H. Ray, Jr., Lebanon, Hopkins, Hopkins, Wilson & Morrissey, Cincinnati, Ohio, of counsel on brief for James Smith.

Eugene D. Smith, Cincinnati, Ohio, for Marvin Smith.

Arnold Morelli, First Asst. U. S. Atty., Cincinnati, Ohio, Joseph P. Kinneary, U. S. Atty., Cincinnati, Ohio, on the brief for appellee.

Before MILLER, CECIL and EDWARDS, Circuit Judges.

CECIL, Circuit Judge.

This is an appeal by defendants-appellants, James Smith and Marvin Smith, from a conviction in the United States District Court for the Southern District of Ohio on all counts of a six-count joint indictment charging possession and sale of narcotics in violation of Section 174, Title 21, U.S.C. and Sections 4704(a) and 4705(a) of Title 26, U.S.C. It is alleged in the indictment that the first three counts grew out of a transaction on February...

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