COOK v. UNITED STATES

No. 20425.

365 F.2d 565 (1966)

Major COOK and James Harold Jackson, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 26, 1966.


Attorney(s) appearing for the Case

Luke McKissack, Los Angeles, Cal., for appellants.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief Crim. Div., Jules D. Barnett, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before POPE, BARNES and ELY, Circuit Judges.


PER CURIAM.

In our decision in this case we reversed the judgment and remanded the cause to the court below for a new trial, because there was no proof the alleged narcotic was in fact a narcotic. Now the appellants, who won the new trial, have petitioned for a rehearing alleging that we should not have ordered a new trial but should have ordered the case dismissed on the ground that there was a complete lack of proof to establish federal jurisdiction. Relying upon...

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