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UNITED STATES v. COKE

No. 529, Docket 32241.

404 F.2d 836 (1968)

UNITED STATES of America, Appellee, v. Simeon Jessamy COKE, Appellant.

United States Court of Appeals Second Circuit.

Ordered October 17, 1968.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Nashville, Tenn. (Anthony F. Marra, Legal Aid Society, New York City), for appellant.

Abraham D. Sofaer, Asst. U. S. Atty., (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, John E. Sprizzo and Pierre N. Leval, Asst. U. S. Attys., of counsel), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS, ANDERSON and FEINBERG, Circuit Judges.

Ordered to be considered in banc, October 17, 1968.

FRIENDLY, Circuit Judge:

Simeon Jessamy Coke was indicted in the District Court for the Southern District of New York in April 1963 for three sales of narcotics in violation of 21 U.S.C. §§ 173-174. A trial before Judge MacMahon and a jury in May 1963 resulted in a disagreement. On a second trial before the late Judge Dawson and a jury in June 1963, Coke was convicted on all three counts. On the...

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