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UNITED STATES v. HARPER

No. 30324.

450 F.2d 1032 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James L. HARPER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 1971.

Attorney(s) appearing for the Case

John B. Farese, Ashland, Miss., Emory Walters, Ocilla, Ga., Peggy A. Jones, Ashland, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., Alfred E. Moreton, III, Asst. U. S. Atty., Oxford, Miss., for plaintiff-appellee.

Before WISDOM, Circuit Judge, DAVIS, Judge, and GOLDBERG, Circuit Judge.

WISDOM, Circuit Judge:

James Laverne Harper was charged in a two-count indictment with the unlawful manufacture of methadone, a narcotic drug, in violation of 21 U.S.C. § 505, and the unlawful sale of the drug not in or from the original stamped package, in violation of 26 U.S.C. § 4704(a). He pleaded not guilty and stood trial by jury. At the close of the Government's case, the court granted Harper's motion for judgment of acquittal on Count Two. The jury...

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