UNITED STATES v. BETNER

No. 73-1986.

489 F.2d 116 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Bobby BETNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 8, 1974.


Attorney(s) appearing for the Case

Joseph E. Wilkerson, Atlanta, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Eugene A. Medori, Jr., Anthony M. Arnold, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before RIVES, WISDOM and MORGAN, Circuit Judges.


RIVES, Circuit Judge:

Betner was adjudged guilty on a jury's verdict after trial under an indictment which charged that he "knowingly and intentionally did unlawfully distribute about 4.75 grams of heroin hydrochloride, a Schedule I narcotic drug controlled substance, in violation of Title 21, United States Code, Section 841(a) (1)."

Since the indictment charged unlawful distribution, it did not require proof that Betner sold or aided and abetted in the sale...

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