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UNITED STATES v. HEAP

No. 383, Docket 29426.

345 F.2d 170 (1965)

UNITED STATES of America, Appellee, v. John HEAP, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 4, 1965.

Attorney(s) appearing for the Case

Daniel R. Murdock, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., and Bernard W. Nassbaum, Asst. U. S. Atty., Southern Dist. of New York, New York City, on the brief), for appellee.

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and MOORE and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge:

John Heap appeals his conviction and five-year sentence for violation of the federal narcotics laws, 21 U.S.C. §§ 173, 174, imposed by Judge Sugarman after a jury trial in the Southern District of New York. He argues first that the charge to the jury on "reasonable doubt" was improper, second, that the trial court erred in refusing to turn over to the defense material allegedly covered by the Jencks Act, 18 U.S.C. § 3500, and,...

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