JOHNSON v. UNITED STATES

No. 73-1197.

484 F.2d 309 (1973)

Morris JOHNSON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1973.

Certiorari Denied November 19, 1973.


Attorney(s) appearing for the Case

Walter J. Matejka, Omaha, Neb., for appellant.

William K. Schaphorst, U. S. Atty., Omaha, Neb., for appellee.

Before Mr. Justice CLARK, and HEANEY and BRIGHT, Circuit Judges.


Certiorari Denied November 19, 1973. See 94 S.Ct. 539.

PER CURIAM:

Appellant Morris Johnson was convicted of knowingly and intentionally distributing heroin. On appeal he challenges (1) the denial of his motion to discharge the jury panel or grant a continuance, (2) certain comments by the prosecutor referring to Johnson as a "pusher" and (3) an instruction stating that no inference of guilt could be drawn from Johnson's "failure" to testify. We find no merit...

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