IRVING R. KAUFMAN, Circuit Judge.
The narrow issue presented by this appeal is whether the District Judge, who presided at appellant's first trial, exceeded his authority under Rule 33 of the Federal Rules of Criminal Procedure when he set aside the jury's verdict and ordered a new trial for the appellant.
Joseph Vanterpool was indicted in March 1966 and charged with 2 sales of heroin in violation of 21 U.S.C. §§ 173 and 174. His first trial was...
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