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UNITED STATES v. HAMILTON

No. 16670.

409 F.2d 404 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Richard HAMILTON, also known as Richard Woods, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

March 27, 1969.

Attorney(s) appearing for the Case

Robert S. Bailey, LeFevour & Bailey, Oak Park, Ill., for defendant-appellant.

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

Before KNOCH, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.

KNOCH, Senior Circuit Judge.

The defendant-appellant, Richard Hamilton, seeks to have his conviction after trial by jury on charges of narcotics violations under Title 26 U.S.C. § 4705(a) and Title 21 U.S.C. § 174, set aside and a new trial ordered on two grounds: (1) his conviction was based in part on evidence of his statements taken in alleged violation of Rule 5(a), Federal Rules of Criminal Procedure, providing for prompt arraignment before a committing...

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