Nos. 73-1190-73-1194.

485 F.2d 60 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Fulton BEASLEY, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 24, 1973.

Attorney(s) appearing for the Case

Floy E. Dawson, Asst. U.S. Atty. (William R. Burkett, U.S. Atty., on the brief) for plaintiff-appellee.

K. Nicholas Wilson, Oklahoma City, Okl., for defendants-appellants Beasley, Gentry, Jones and Bates.

I. H. Kaiser, Denver, Colo., for defendant-appellant Green.

Before CLARK, Associate Justice, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a heroin prosecution in which the several defendants were charged with conspiracy to violate 21 U.S.C. § 174 prohibiting the transportation, concealment and sale of narcotic drugs.1 The cause is before this court for the second time. Our first consideration of it resulted in a reversal based on the fact that the thirteenth juror had not been removed prior to retirement of the jury and was thus...

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