UNITED STATES v. HAWKES

Nos. 84-5125(L), 84-5126.

753 F.2d 355 (1985)

UNITED STATES of America, Appellee, v. David Thomas HAWKES, Appellant. UNITED STATES of America, Appellee, v. Sylvia Ines HAWKES, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1985.


Attorney(s) appearing for the Case

James M. Cagle, Charleston, W.Va. (E. Joseph Buffa, Jr., Charleston, W.Va., on brief), for appellants.

Michael E. Winck, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Wayne A. Rich, Jr., Asst. U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before WIDENER, HALL and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

David Thomas Hawkes and Sylvia Ines Hawkes appeal their convictions by a jury under 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 for unlawfully, knowingly and intentionally aiding and abetting each other in the manufacture, growing, cultivation and possession with intent to distribute of 39 Sinsemilla marijuana plants. David Hawkes asserts on appeal that, in addition to various allegations of trial error, his one-count indictment was void...

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