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UNITED STATES v. MAGGARD

No. 27170.

451 F.2d 502 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. David L. MAGGARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1971.

Attorney(s) appearing for the Case

Vincent W. Perini, Dallas, Tex. (court appointed) for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

Appellant was tried by a jury on October 3, 1968, on an indictment charging him with smuggling seven pounds of marihuana into the United States from Mexico, transporting such marihuana knowing the same to have been illegally imported, both in violation of Title 21, U.S.C.A., Section 176a, and failing to pay the transfer tax on such marihuana in violation of Title 26, U.S.C.A., Section 4744(a) (2).

After a directed verdict was entered...

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