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UNITED STATES v. BARNES

Nos. 24786, 24956.

432 F.2d 89 (1970)

UNITED STATES of America, Appellee, v. Wellman Tufts BARNES, Appellant. UNITED STATES of America, Appellee, v. Frank KNOX, Appellant.

United States Court of Appeals, Ninth Circuit.

September 8, 1970.

Attorney(s) appearing for the Case

G. Dennis Adams (argued), San Diego, Cal., for Frank Knox.

Alvin S. Michaelson (argued), Los Angeles, Cal., for Wellman Tufts Barnes.

Harry D. Steward, U. S. Atty., Phillip W. Johnson and Kevin J. McInerney, Ass't U. S. Attys., San Diego, Cal., for appellees.

Before HAMLEY and MERRILL, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

Upon trial without a jury before the United States District Court for the Southern District of California, Wellman Tufts Barnes was found guilty of smuggling marihuana in violation of 21 U.S.C. § 176 (a). At a previous trial without a jury and before the same court, Frank Knox was found guilty of aiding and abetting Barnes in the smuggling of marihuana in violation of 21 U.S.C. § 176(a) and 18 U.S.C. § 2. Their respective appeals were consolidated...

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