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UNITED STATES v. CLARKE

Nos. 14805, 14806.

343 F.2d 90 (1965)

UNITED STATES of America v. Eric R. CLARKE, Appellant in No. 14805, and Horace R. Johnson, Appellant in No. 14806.

United States Court of Appeals Third Circuit.

Decided March 31, 1965.

Attorney(s) appearing for the Case

John Rodgers Carroll, Philadelphia, Pa., for Clarke.

Robert N. C. Nix, Jr., Philadelphia, Pa., for Johnson.

Joseph H. Reiter, Asst. U. S. Atty., Philadelphia, Pa. (Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., on the brief), for appellees.

Before KALODNER, GANEY and FREEDMAN, Circuit Judges.

KALODNER, Circuit Judge.

Following a jury trial, the defendants, practicing physicians, were found guilty of conspiring to violate the federal narcotic laws1 and making unlawful sales of narcotics drugs.2

They prosecute their appeals on the grounds that (1) the trial judge erred in refusing to withdraw a juror following testimony of a government witness with respect to prior, unrelated unlawful narcotic...

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