UNITED STATES v. MOSBY

No. 19506.

422 F.2d 72 (1970)

UNITED STATES of America, Appellee, v. Darnell F. MOSBY, Appellant.

United States Court of Appeals, Eighth Circuit.

February 25, 1970.


Attorney(s) appearing for the Case

Michael N. Newmark, of Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for appellant.

William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee; Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., on the brief.

Before VAN OOSTERHOUT, Chief Judge, and LAY and HEANEY, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

This is an appeal by defendant Mosby from his conviction by a jury upon each of two counts of an information charging violation of 26 U.S.C.A. § 4704(a) and the resulting concurrent sentence of ten years imposed upon each count.

Count One charges in substance that defendant Mosby on October 19, 1967, in the City of St. Louis, Missouri, sold, dispensed and distributed heroin other than in or from the original stamped package...

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