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BURGE v. UNITED STATES

No. 18801.

342 F.2d 408 (1965)

Richard W. BURGE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 25, 1965.

Attorney(s) appearing for the Case

Wendell P. Kay, Kay & Miller, Anchorage, Alaska, for appellant.

Warren Colver, U. S. Atty., H. Russell Holland, Asst. U. S. Atty., Fairbanks, Alaska, for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the United States Court of Claims, and JERTBERG, Circuit Judge.

MADDEN, Judge:

Following a trial to a jury, appellant was convicted on one count of a two count indictment charging violations of 21 U.S.C. § 174.1

The count upon which appellant was convicted (Count 2) in substance charged that on or about the 23rd day of April, 1959, at Fairbanks, Alaska, the appellant did knowingly conceal and facilitate transportation of a narcotic drug, to wit...

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