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POWELL v. UNITED STATES

No. 22556.

420 F.2d 799 (1969)

Norvin E. POWELL, III, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 24, 1969.

Attorney(s) appearing for the Case

Robert Yonts (argued), Santa Cruz, Cal., John R. Carroll, San Jose, Cal., for appellant.

Henry I. Novak, Jr. (argued), James E. Shekoyan, Robert L. Brosio, Asst. U. S. Attys., Wm. M. Byrne, Jr., U. S. Atty., for appellee.

Before HAMLEY, HAMLIN and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

On May 18, 1966, a six-count indictment was filed against Norvin Ethan Powell. Counts I, II, IV, and V charged Powell with transporting and selling marihuana on two occasions in violation of 21 U.S.C. § 176a (1964).1 Counts III and VI charged him with transferring the marihuana on both occasions without the required written order form from the transferee,...

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