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OLIVER v. UNITED STATES

Nos. 15598, 15599.

239 F.2d 818 (1957)

Thelma J. OLIVER, Appellant, v. UNITED STATES of America, Appellee. Charles Lee OLIVER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 31, 1957.

Attorney(s) appearing for the Case

Solbert M. Wasserstrom, Kansas City, Mo. (Francis L. Roach, Kansas City, Mo., on the brief), for appellants.

Horace Warren Kimbrell, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., and William O. Russell, Asst. U. S. Atty., Kansas City, Mo., on the brief), for appellee.

Before JOHNSEN, VAN OOSTERHOUT and WHITTAKER, Circuit Judges.

Rehearing Denied in No. 15598 January 31, 1957.

JOHNSEN, Circuit Judge.

A wife mailed a 6-ounce package at Kansas City, Missouri, to her husband in Denver, Colorado. Included in its contents were 1¾ ounces of heroin. The package was sent by air mail. Under the statutes, all air mail not exceeding 8 ounces in weight constitutes first-class mail.1

The Post Office Department at Kansas City opened the package, went through...

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