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UNITED STATES v. SPENCER

No. 16858.

415 F.2d 1301 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Charles SPENCER, a/k/a Jesse, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

August 22, 1969.

Attorney(s) appearing for the Case

Frederick J. Hertz, Allen D. Schwartz, Hertz, Robbins & Schwartz, Chicago, Ill., for defendant-appellant, Jerome N. Robbins, Chicago, Ill., of counsel.

Thomas A. Foran, U. S. Atty., Robert S. Thaller, Asst. U. S. Atty., Chicago, Ill., for appellee, John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel.

Before CASTLE, Chief Judge, MAJOR, Senior Circuit Judge, and KERNER, Circuit Judge.

MAJOR, Senior Circuit Judge.

Defendant, Charles Spencer, was charged in a 4-count indictment with the possession and sale of heroin, a narcotic drug. Count 1 charged that on April 21, 1966, he unlawfully sold, bartered and exchanged heroin to Willie Davis, also known as Harold Evans, not in pursuance of a written order from Davis, in violation of Title 26 U.S.C.A. Sec. 4705(a). Count 3 charged the violation of the same statutory provision by reason of a sale and exchange...

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