UNITED STATES v. McCARTHY

No. 72-1112.

470 F.2d 222 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis McCARTHY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 24, 1972.


Attorney(s) appearing for the Case

John R. Jones, Detroit, Mich. (Court appointed), for defendant-appellant.

John Patrick Conley, Asst. U. S. Atty., Flint, Mich., for plaintiff-appellee; Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., on brief.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and BRATCHER, District Judge.


BRATCHER, District Judge.

This is an appeal by Dennis McCarthy from his conviction on Counts I and IV of a seven count indictment of knowingly and unlawfully selling and delivering depressant or stimulant drugs in violation of Title 21, United States Code, Section 331(q) (2). The trial judge, sitting without a jury, sentenced McCarthy to two years in the penitentiary on each count, to run concurrently.

The sole issue presented by appellant is whether objectionable...

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