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UNITED STATES v. FONTAINE

No. 7336.

416 F.2d 1188 (1969)

UNITED STATES of America, Appellee, v. Alcide Paul FONTAINE, Defendant, Appellant.

United States Court of Appeals First Circuit.

October 24, 1969.

Attorney(s) appearing for the Case

Joseph V. Aguiar, Jr., Fall River, Mass., by appointment of the Court, for appellant.

James B. Krasnoo, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, WOODBURY, Senior Circuit Judge, and COFFIN, Circuit Judge.

PER CURIAM.

The defendant was indicted in two counts; count 1 for selling a quantity of a drug known as LSD in violation of 21 U.S.C. § 331(q) (2); count 2 for receiving marihuana without having paid the transferee tax in violation of 26 U.S.C. § 4744(a) (1). During trial there was introduced as exhibits the LSD tablets and the glassine envelopes of, admittedly, marihuana, that defendant, according to the testimony, had transferred to an undercover government...

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