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UNITED STATES v. WINFIELD

No. 289, Docket 29201.

341 F.2d 70 (1965)

UNITED STATES of America, Appellee, v. Herbert WINFIELD, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 3, 1965.

Attorney(s) appearing for the Case

Glen W. Watkins, Hardy, Peal, Rawlings, Werner & Maxwell, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on the brief), for defendant-appellant.

R. Harcourt Dodds, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern District of New York; John E. Sprizzo, Asst. U. S. Atty., on the brief), for appellee.

Before SMITH, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge:

This appeal presents a very narrow issue: whether the defendant, Herbert Winfield, made a "sale" within the meaning of 26 U.S.C. § 4705(a), which makes it unlawful "to sell, barter, exchange or give away narcotic drugs except in pursuance of a [prescribed] written order." After a trial without a jury, Winfield was convicted for selling cocaine to a Federal Bureau of Narcotics Agent, Charles R. McDonnell, for which he received $150. The...

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