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UNITED STATES v. DUKE

No. 75-1729.

527 F.2d 386 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Joe DUKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1976.

Attorney(s) appearing for the Case

J. Hue Henry, Athens, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, U. S. Atty., Gale McKenzie, James E. Fagan, Jr., Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, SIMPSON and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

On February 12, 1975, defendant Bobby Joe Duke was convicted by a jury on a criminal information charging possession of marijuana in violation of 21 U.S.C. § 844. Defendant appeals from that conviction, enumerating as error: (1) the refusal of the trial court to dismiss for prosecution's unnecessary delay in seeking an indictment; (2) an improper instruction to the jury, shifting the burden of proof to the defendant; and (3) the...

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