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UNITED STATES v. NEWMAN

Nos. 73-1540, 73-1541.

490 F.2d 993 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Sherwood NEWMAN and Andrew Forga Coldwell, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 6, 1974.

Attorney(s) appearing for the Case

John B. Jarboe, of Jarboe & Keefer, Tulsa, Okl., for appellant Newman.

Leslie L. Conner and James M. Little, Oklahoma City, Okl. (Leslie L. Conner, Jr., Oklahoma City, Okl., and Irvine E. Ungerman, Tulsa, Okl., with them on the brief), for appellant Coldwell.

Ben F. Baker, Asst. U. S. Atty. (Nathan G. Graham, U. S. Atty., N. D. Okl., with him on the brief), for appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and McWILLIAMS, Circuit Judges.

LEWIS, Chief Judge.

Appellants Newman and Coldwell have directly appealed from their convictions for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). Jury trial was waived and the trial was before the United States District Court for the Northern District of Oklahoma.

Uncontroverted evidence introduced at trial revealed that at approximately one o'clock on the morning of September...

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