SIMPSON, Circuit Judge:
Frank DeVoe was indicted by a federal grand jury in two counts for violations of Title 21 U.S.C. Sec. 841(a) (1). Count I charged knowing and intentional possession with intent to distribute approximately 1.0 gram of heroin on July 5, 1972. Count II charged knowing and intentional distribution thereof on the same date.
After one mistrial, declared because of a deadlocked jury, the appellant was retried on November 14, 1972 resulting...
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