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UNITED STATES v. SMITH

No. 321, Docket 29092.

343 F.2d 607 (1965)

UNITED STATES of America, Appellee, v. Hurley SMITH, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 6, 1965.

Attorney(s) appearing for the Case

Paul R. Grand, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., and Bernard W. Nussbaum, Asst. U. S. Atty., on the brief), for appellee.

Marvin E. Frankel, Legal Aid Society, New York City (Anthony F. Marra and Leon B. Polsky, Legal Aid Society, New York City, on the brief), for defendant-appellant.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Appeal from conviction on jury verdict in the United States District Court for the Southern District of New York, Irving Ben Cooper, Judge, on one substantive and one conspiracy count charging violations of 26 U.S.C. §§ 4705(a) and 7237(b) (sale of narcotic not in pursuance of written order from the Secretary of the Treasury). Sentence was concurrent. We find no reversible error and affirm the judgment.

February 27...

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