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UNITED STATES v. GRAHAM

No. 71-2792.

464 F.2d 1073 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Annette GRAHAM and John Lonnie Jerkins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 18, 1972.

Attorney(s) appearing for the Case

James G. Feiber, Jr., Gainesville, Fla. (court appointed) for Graham.

Lansing J. Roy, Gainesville, Fla. (court appointed) for Jerkins.

William H. Stafford, Jr., U. S. Atty., Clinton Ashmore, Asst. U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before TUTTLE, MORGAN and RONEY, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

At a joint trial before a jury John Jerkins was convicted of three counts of selling heroin to government undercover agents and Annette Graham was convicted of aiding and abetting these sales, all in violation of 26 U.S.C. § 4705(a).1 The three heroin sales were alleged to have taken place on November 16, 1970, on November 24, 1970, and on January 2, 1971. Both appellants contend that the government...

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