NOLAN v. UNITED STATES

No. 9730.

423 F.2d 1031 (1969)

Eugene Anthony NOLAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 16, 1970.


Attorney(s) appearing for the Case

James L. Guilmartin and Stanley Jay Bartel, Miami, Fla. (Guy Johnson, New Orleans, La., Robert Rizley, Tulsa, Okl., Addison M. Bowman, with them on brief) for appellant.

K. Eric Gisleson and Edward T. Joyce, Dept. of Justice (Will Wilson, Asst. Atty. Gen., and Gerald E. McDowell, Dept. of Justice, with them on brief) for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and HILL, Circuit Judges.


MURRAH, Chief Judge.

Defendant Nolan was convicted at jury trial for conspiracy to use and the actual use of facilities in interstate commerce to carry on an unlawful gambling business in violation of 18 U.S.C. §§ 371 and 1952. On appeal, Nolan challenges the practices employed in the selection of the jury venire; the incriminating use of his federal wagering tax stamp; the prejudicial admission of the federal wagering tax stamp of his co-conspirator, Dale...

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