UNITED STATES v. BENNETT

Nos. 214-216, Dockets 32327, 32328 and 32336.

409 F.2d 888 (1969)

UNITED STATES of America, Appellee, v. Charles T. BENNETT, Wilbert Haywood, Elmer Jessup, Henry Stanton and Farris Thomas, Appellants.

United States Court of Appeals Second Circuit.

Decided February 26, 1969.


Attorney(s) appearing for the Case

Frederic A. Johnson, New York City, for appellant Wilbert Haywood.

Irving Younger, New York City (Michael O. Finkelstein, New York City, of counsel on the challenge to the Grand Jury), for appellants Charles T. Bennett and Henry D. Stanton.

Robert Kasanof, New York City, for appellant Elmer Jessup.

Patrick M. Wall, Washington, D. C. (Edward Bennett Williams, William E. McDaniels, Washington, D. C.), for appellant Farris Thomas.

Charles P. Sifton, Ass't. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, Abraham D. Sofaer, William B. Gray and Paul K. Rooney, Ass't U. S. Attys., on the brief), for appellee.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and FRANKEL, District Judge.


FRIENDLY, Circuit Judge:

The five appellants, Bennett, Stanton, Haywood, Jessup and Thomas were the subjects, along with nine co-defendants and four co-conspirators, of a single count indictment in the District Court for the Southern District of New York, charging them with having engaged in a conspiracy to import narcotics and to distribute these in the United States in violation of 21 U.S.C. §§ 173-174. The case against eight defendants was severed, and...

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