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UNITED STATES v. SHAFER

No. 30649.

455 F.2d 1167 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Walter P. SHAFER, III, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings and Rehearings Denied April 6, 1972.

Attorney(s) appearing for the Case

K. Key Hoffman, Jr., Trueheart, McMillan, Russell & Hoffman, San Antonio, Tex., for Walter Pressly Shafer, III.

Ross H. Hemphill, Dallas, Tex. (Court appointed) for Gene Kelly.

Royal D. Adams, Adams & Hunter, San Antonio, Tex., for Joseph J. Gregg.

Seagal V. Wheatley, U. S. Atty., Henry J. Novak, Jr., Wayne F. Speck, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

Rehearings and Rehearings Denied En Banc April 6, 1972.

GODBOLD, Circuit Judge:

The appellants were convicted in a jury trial of conspiracy to import to the United States from Turkey marijuana in the form of hashish in violation of 21 U.S.C. § 176a.

The convictions must be reversed because prejudicial items that had not been admitted into evidence were sent to the jury room along with the exhibits.<...

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