UNITED STATES v. VESSEL

No. 73-3360. Summary Calendar.

488 F.2d 1076 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene VESSEL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 20, 1974.


Attorney(s) appearing for the Case

John J. Dolan, New Orleans, La. (Court-appointed), for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.


PER CURIAM:

Appellant was convicted on a two count indictment for distribution of heroin in violation of 21 U.S.C.A. § 841(a)(1). We affirm.

During the course of the trial, the Judge commented that "we are going to let all of these exhibits go into the jury room with the jury except for the actual heroin * * *." There was no objection to this comment. Realizing his error, however, the District Judge carefully and thoroughly instructed the jury that it...

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