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UNITED STATES v. PAYTON

No. 402, Docket 29827.

363 F.2d 996 (1966)

UNITED STATES of America, Appellee, v. James Edward PAYTON, Appellant.

United States Court of Appeals Second Circuit.

Decided July 26, 1966.

Attorney(s) appearing for the Case

Grace L. Brodsky, New York City (Anthony F. Marra, Monroe Goldwater, Robert Conrad, New York City, on the brief), for appellant.

Thomas H. Baer, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, Michael S. Fawer, New York City, on the brief), for appellee.

Before FRIENDLY, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

Appellant James Edward Payton was charged below with selling cocaine on two occasions in October 1963 in violation of 26 U.S.C. §§ 4705(a), 7237(b). After a trial without a jury, Judge Murphy found appellant guilty on both counts of the indictment. On appeal, Payton claims that (1) his prearraignment statement should not have been received into evidence and (2) the indictment should have been dismissed because the grand jury was...

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