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CLARK v. UNITED STATES

No. 23032.

412 F.2d 491 (1969)

Joseph Richard CLARK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 19, 1969.

Attorney(s) appearing for the Case

J. Perry Langford (argued), of Langford, Langford & Lane, San Diego, Cal., for appellant.

Edwin L. Miller, Jr., U. S. Atty., Joseph A. Milchen, Asst. U. S. Atty. (no appearance for argument), San Diego, Cal., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

Appellant Clark and a codefendant, Mary Ann Smith, were each charged in count one of an indictment with smuggling forty-five pounds of marihuana in violation of United States Code, Title 21, Section 176a, and in count two with smuggling amphetamine and cyclopal tablets in violation of Title 18, Section 545. Appellant's motion for acquittal was granted as to count two and he was convicted on count one. His codefendant was convicted of both charges...

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