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UNITED STATES v. AIKEN

No. 264, Docket 30792.

373 F.2d 294 (1967)

UNITED STATES of America, Appellee, v. Leonard AIKEN, Charles Cole, Leroy Davis and Clifford Rogers, Appellants.

United States Court of Appeals Second Circuit.

Decided February 20, 1967.

Attorney(s) appearing for the Case

Robert G. Morvillo, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, and Stephen F. Williams and John E. Sprizzo, Asst. U. S. Attys., New York City, on the brief), for appellee.

James J. Hanrahan, New York City, for appellant Leonard Aiken.

Theodore Krieger, New York City (William C. Chance, Jr., New York City, on the brief), for appellant Charles Cole.

John R. Sanders, New York City, for appellant Leroy Davis.

Irwin Klein, New York City, for appellant Clifford Rogers.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

LUMBARD, Chief Judge:

The appellants Leonard Aiken, Leroy Davis, and Clifford Rogers were convicted after a lengthy trial before Judge Cannella and a jury in the Southern District of New York of conspiracy to violate 42 Stat. 596 (1922), as amended, 21 U.S.C. § 173, and 70 Stat. 570 (1956), 21 U.S.C. § 174, prohibiting the knowing receipt, concealment, or sale of any narcotic drug illegally imported into the United States. Appellant Davis was also convicted...

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