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MASON v. UNITED STATES

Nos. 9420-9423.

383 F.2d 107 (1967)

Hubert MASON, Appellant, v. UNITED STATES of America, Appellee. Charles Albert GARRETT, Jr., Appellant, v. UNITED STATES of America, Appellee. Samuel Lewis GLADNEY, Appellant, v. UNITED STATES of America, Appellee. Frank WILSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 1, 1967.

Attorney(s) appearing for the Case

William L. Rice, Denver, Colo., for appellant, Hubert Mason.

Virginia Malloy, Denver, Colo., for appellant, Charles Albert Garrett, Jr.

E. M. Heppenstall, Denver, Colo., for appellant, Samuel Lewis Gladney.

Barkley Clark, Denver, Colo., for appellant, Frank Wilson.

Milton C. Branch, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., on the brief), for appellee.

Before LEWIS and SETH, Circuit Judges, and BRATTON, District Judge.

Rehearing Denied in No. 9423 November 1, 1967.

SETH, Circuit Judge.

The four appellants were convicted by a jury of conspiring to knowingly import narcotics into the United States and to conceal, sell, and facilitate transportation of such narcotics with knowledge of illegal importation in violation of 21 U.S.C. § 174, and have taken this appeal.

The primary issues on appeal concern the sufficiency of the trial court's instructions to the jury...

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