HERNDON v. UNITED STATES

No. 7175.

405 F.2d 882 (1968)

Richard D. HERNDON, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

December 19, 1968.


Attorney(s) appearing for the Case

Ralph Davis, Boston, Mass., by appointment of the Court, for appellant.

Albert F. Cullen, Jr., Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., was on brief, for appellee.

Before STALEY, Senior Circuit Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

Appellant, Richard D. Herndon, was convicted by a jury of selling lysergic acid diethylamide (LSD) in violation of 21 U.S.C. § 331(q) (2). It is from the judgment of conviction that this appeal is now taken.

The gist of appellant's argument here is that since the federal government has seen fit to grant a special exemption to the Native American Church, a religious organization of Indians, to use the hallucinogen peyote in connection with...

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