UNITED STATES v. SMITH

No. 76-1289.

552 F.2d 257 (1977)

UNITED STATES of America, Appellee, v. James H. SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1977.


Attorney(s) appearing for the Case

James Wyrsch, Kansas City, Mo., argued and on brief, for appellant.

J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo., argued; Bert C. Hurn, U. S. Atty., and Stephen L. Hill, Asst. U. S. Atty., Kansas City, Mo., on brief, for appellee.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.


WEBSTER, Circuit Judge.

James H. Smith appeals from his jury conviction on one count of distribution of amphetamine, a controlled substance, in violation of 21 U.S.C. § 841(a)(1). He was fined $10,000 and sentenced to three years' imprisonment with a three year special parole term after release. He raises numerous issues on appeal, primarily relating to his contention that he was intoxicated at the time the amphetamine transfer occurred and thus could not have...

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