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UNITED STATES v. FRANKLIN

No. 20035.

429 F.2d 274 (1970)

UNITED STATES of America, Appellee, v. James Eugene FRANKLIN, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied August 13, 1970.

Rehearing Denied August 20, 1970.

Attorney(s) appearing for the Case

Donald R. Wilson, Clayton, Mo., for appellant.

Peter T. Straub, Asst. U. S. Atty., St. Louis, Mo., for appellee; Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., on the brief.

Before VOGEL, HEANEY and BRIGHT, Circuit Judges.

Rehearing En Banc Denied August 13, 1970.

VOGEL, Circuit Judge.

James Eugene Franklin, Jr., defendant-appellant, was charged in a four-count indictment with violations of 26 U.S.C.A. § 4704(a) and 26 U.S.C.A. § 4705(a). Counts I and III charged unlawful purchases of heroin, while Counts II and IV charged violations of § 4705(a) in that the defendant was charged with selling narcotic drugs other than...

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