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SALLEY v. UNITED STATES

No. 19287.

353 F.2d 897 (1965)

Norman SALLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 24, 1965.

Attorney(s) appearing for the Case

Mr. William W. Greenhalgh, Washington, D. C. (appointed by this court), for appellant.

Mr. Charles L. Owen, Asst. U. S. Atty., with whom Messrs. John C. Conliff, Jr., U. S. Atty. at the time the brief was filed, and Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

This appeal is from a conviction for sale of narcotics to an undercover police officer. The crux of appellant's defense was that, while the officer may have purchased drugs from someone at the time and place claimed, the purchase was not made from the appellant. Consequently, defense counsel filed a written request setting forth an instruction on identity. The court denied the requested charge, and gave the boiler plate instruction...

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