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SMITH v. UNITED STATES

No. 19186.

358 F.2d 833 (1966)

James E. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 18, 1966.

Petition for Rehearing denied April 4, 1966.

Attorney(s) appearing for the Case

Mr. Glenn R. Graves, Washington, D. C., with whom Mr. John W. Karr, Washington, D. C., was on the brief, for appellant. Miss Lynn D. Allan, Washington, D. C., also entered an appearance for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., at the time the brief was filed, Messrs. Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and BURGER and TAMM, Circuit Judges.

Petition for Rehearing En Banc denied April 4, 1966.

BURGER, Circuit Judge:

This is an appeal from a conviction on a one-count narcotics indictment for violation of 26 U.S.C. § 4704(a), which makes it a felony for "any person to purchase, sell, dispense, or distribute narcotic drugs except in the original stamped package or from the original stamped package * * *." Appellant challenges the admission in evidence of narcotics seized from him immediately...

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