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LEE v. UNITED STATES

No. 19939.

368 F.2d 834 (1966)

Horace LEE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 20, 1966.

Attorney(s) appearing for the Case

Mr. James V. Siena, Washington, D. C. (appointed by this court), with whom Mr. James vanR. Springer, Washington, D. C., was on the brief, for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., and Dean W. Determan, Asst. U. S. Atty., at the time the brief was filed, were on the brief for appellee.

Before EDGERTON, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge:

In respect of events allegedly occurring in 1962, appellant was indicted on June 24, 1963. The indictment contained nine counts founded upon three alleged sales of narcotics by appellant to, or in the presence of, an undercover police officer. A trial of that indictment in February of 1964 resulted in a directed verdict of acquittal as to the first three counts, and conviction on the remaining six. We reversed that conviction and remanded with...

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