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UNITED STATES v. HAYWOOD

No. 23698.

452 F.2d 1330 (1971)

UNITED STATES of America v. Theotis HAYWOOD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 23, 1971.

Attorney(s) appearing for the Case

Mr. Thomas Fortune Fay, Olney, Md. (appointed by this court) for appellant.

Mr. Jerome Wiener, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. James R. Phelps, Asst. U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and McGOWAN, Circuit Judge, and GOURLEY, Senior District Judge for the Western District of Pennsylvania.

GOURLEY, Senior District Judge:

Appellant was convicted by a jury of narcotics offenses (two counts each of 21 U.S.C. § 174, 26 U.S.C. § 4704(a), and 26 U.S.C. § 4705(a)). This appeal followed.

Among the various claims of error, three merit discussion: whether a transcript should have been made of the preliminary hearing, did the trial court err in instructing the jury relative to knowledge of narcotics...

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