UNITED STATES v. GILBERT

No. 706-70.

447 F.2d 883 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Eli Ellis GILBERT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 30, 1971.


Attorney(s) appearing for the Case

Nathan G. Graham, U. S. Atty. (Robert P. Santee, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Phillip A. Less, for defendant-appellant.

Before SETH and DOYLE, Circuit Judges, and KERR, District Judge.


WILLIAM E. DOYLE, Circuit Judge.

On June 23, 1970, the defendant-appellant herein was found guilty of the charge of selling a narcotic drug, heroin, not "in pursuance of a written order * * * on a form to be issued in blank for that purpose by the Secretary or his delegate." (Contrary to 26 U.S.C. § 4705(a).) This conviction is before us on appeal.

The questions to be reviewed include the following:

1. Whether it was error requiring a mistrial...

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