UNITED STATES v. PRIEST

No. 101-69.

419 F.2d 570 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Donald J. PRIEST, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

January 2, 1970.


Attorney(s) appearing for the Case

James R. Richards, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., with him on the brief), for appellee.

Brooke W. Banbury, Denver, Colo., for appellant.

Before MURRAH, PICKETT and HICKEY, Circuit Judges.


PICKETT, Circuit Judge.

Appellant, Donald J. Priest, and Arthur Everett Small, Jr. were charged jointly with transferring a quantity of marihuana to a purchaser not in pursuance of a written order on a form issued for that purpose by the Secretary of the Treasury or his delegate in violation of 26 U.S.C. § 4742(a).1 The case was tried and presented to the jury on the theory that under 18...

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