LAY, Circuit Judge.
Leroy McCaskill appeals from a judgment of conviction on two counts of distributing a controlled substance (heroin) in violation of 21 U.S.C. § 841(a)(1). The sales allegedly occurred on the parking lot of the White Castle Restaurant in the City of St. Louis on July 19 and 21, 1972.
There are two basic issues involved on appeal. The first concerns the court's instructions and the prosecutor's comment in regard to the failure of the...
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