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UNITED STATES v. PENNICK

No. 73-1823.

500 F.2d 184 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis PENNICK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 30, 1974.

Attorney(s) appearing for the Case

Stephen K. Lester, Asst. U. S. Atty. (Robert J. Roch, U. S. Atty., and Benjamin L. Burgess, Jr., and Monti L. Belot, Asst. U. S. Attys., on the brief), for plaintiff-appellee.

Lawrence E. Curfman, Wichita, Kan., (Dennis L. Gillen and Weigand, Curfman, Brainerd, Harris & Kaufman, Wichita, Kan., on the brief), for defendant-appellant.

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

McWILLIAMS, Circuit Judge.

In a two count indictment Dennis Pennick was charged with distributing heroin in Junction City, Kansas, on September 12 and 29, 1972. Count I pertained to the first named date, and Count II to the latter date. The indictment was not returned till March 21, 1973, and Pennick was thereafter arrested on March 25, 1973.

Prior to trial, Pennick's counsel sought to compel the Government to identify the persons it intended to call as witnesses...

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