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KIBBY v. UNITED STATES

Nos. 18445-18447.

372 F.2d 598 (1967)

Paul Washington KIBBY, Appellant, v. UNITED STATES of America, Appellee. Charles R. STEWART, Appellant, v. UNITED STATES of America, Appellee. Carl McFADDEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 20, 1967.

Attorney(s) appearing for the Case

Harry Roth, Clayton, Mo., for appellants.

William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee, with Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., on the brief.

Before VAN OOSTERHOUT, GIBSON and HEANEY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

Defendant-appellants Paul Washington Kibby, Charles R. Stewart and Carl McFadden, (hereafter referred to as defendants) were charged and convicted in the United States District Court for the Eastern District of Missouri, of illegal purchase1 and sale of narcotics in violation of 26 U.S.C. §§ 4704(a) and 4705 (a).2 They duly appealed.

Defendants pleaded not guilty...

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