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UNITED STATES v. REINCKE

No. 323, Docket 29262.

344 F.2d 260 (1965)

UNITED STATES of America ex rel. Otis SWANSON, Appellant, v. Frederick G. REINCKE, Warden, Connecticut State Prison, Appellee.

United States Court of Appeals Second Circuit.

Decided April 21, 1965.

Attorney(s) appearing for the Case

Charles D. Gill, New Haven, Conn., for appellant.

John D. LaBelle, State's Atty. (George D. Stoughton, Harry W. Hultgren, Jr., Brandon J. Hickey, Asst. State's Attys.), for appellee.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

FRIENDLY, Circuit Judge:

On February 1, 1963, the State of Connecticut charged Otis Swanson with violation of § 19-246 of its General Statutes (Revision of 1958 and Supplemental Laws),1 providing that:

"No person shall manufacture, possess, have under his control, sell, prescribe, dispense, compound, administer to himself or to another person or be addicted to the use of any narcotic drug, except as authorized in this chapter...

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