UNITED STATES v. HERBERT

Nos. 73-1887, 73-1888.

502 F.2d 890 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. John M. HERBERT and Thomas W. Moore, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 14, 1974.


Attorney(s) appearing for the Case

J. Terry Wiggins, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for plaintiff-appellee.

Ronald F. Weiszmann, Golden, Colo., for defendants-appellants.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

John Herbert and Thomas Moore were convicted of knowingly possessing marijuana with an intent to distribute in violation of 21 U.S.C. § 841(a)(1). Upon trial no witnesses were called by either defendant, and hence testimony concerning the events which gave rise to the present prosecution necessarily comes from the Government's witnesses. At the outset we would observe that evidence of guilt was overwhelming and that the matters here...

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