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UNITED STATES v. CONLEY

No. 74-1251.

503 F.2d 520 (1974)

UNITED STATES of America, Appellee, v. John CONLEY, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 3, 1974.

Attorney(s) appearing for the Case

James A. Bell, St. Louis, Mo., for appellant.

Thomas M. Vockrodt, Special Atty. Crim. Div., U. S. Dept. of Justice, St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

Appellant, John Conley, Jr., was convicted on one count of a two count indictment charging sales of heroin on July 21, 1973 and August 2, 1973. A third count charging conspiracy to sell heroin was dismissed by the government prior to his first trial in which a mistrial was declared because the jurors could not agree on a verdict.

Appellant seeks reversal upon the grounds that (1) he was...

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