UNITED STATES v. HOWARD

No. 74-1185.

507 F.2d 559 (1974)

UNITED STATES of America, Appellee, v. Mike HOWARD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 13, 1974.


Attorney(s) appearing for the Case

Thomas M. Larson, Asst. Federal Public Defender, Kansas City, Mo., for appellant.

Mary A. Schneider, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before BRIGHT, STEPHENSON and WEBSTER, Circuit Judges.


WEBSTER, Circuit Judge.

This case presents for our consideration the effect of jury verdicts finding the defendant guilty of both the offense as charged and also of a lesser included offense.

Appellant Mike Howard was tried on an indictment charging him in two counts with distributing heroin in violation of 21 U.S.C. § 841(a)(1). At appellant's request the District Judge1 instructed the jury that if as to either count they...

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