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WOLFORD v. UNITED STATES

Nos. 9937 (67-CR-130), 9938 (67 CR-117).

401 F.2d 331 (1968)

Rodney WOLFORD, Appellant, v. UNITED STATES of America, Appellee. William Robert MORGAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 4, 1968.

Attorney(s) appearing for the Case

Marshall Quiat, Denver, Colo., for appellants.

Donald E. Cordova, Asst. U. S. Atty., District of Colorado, (Lawrence M. Henry, U. S. Atty., District of Colorado, with him on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

PICKETT, Circuit Judge.

In these two cases appellants Wolford and Morgan were charged in separate informations with the unlawful sale of lysergic acid diethylamide, commonly called "LSD", "a depressant or stimulant drug" within the meaning of 21 U.S.C. § 321(v) (3), in violation of 21 U.S.C. § 331(q) (2). In Morgan's case trial was had to the court without a jury. With the exception of the claim of entrapment raised...

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