UNITED STATES v. DAVIS

No. 72-1940.

486 F.2d 725 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James DAVIS, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 11, 1973.


Attorney(s) appearing for the Case

W. Henry Walker, E. Chicago, Ind., for appellant.

John R. Wilks, U. S. Atty., Hammond, Ind., for appellee.

Before SWYGERT, Chief Judge, CASTLE, Senior Circuit Judge, and SPRECHER, Circuit Judge.


SPRECHER, Circuit Judge.

The defendant-appellant, James Davis, Jr., was convicted upon a jury trial of violating 21 U.S.C. § 841(a)(1), possession of heroin with intent to distribute, and sentenced to five years imprisonment.

Upon appeal three issues have been raised: (1) sufficiency of the evidence; (2) competency of a co-defendant, inasmuch as he admitted being under the influence of narcotics at the time about which he testified; and (3) the absence...

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