AEBY v. UNITED STATES

No. 17054.

255 F.2d 847 (1958)

Aubrey AEBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 29, 1958.


Attorney(s) appearing for the Case

Joseph P. Jenkins, Kansas City, Kan., William O. Braecklein, Dallas, Tex., for appellant.

William N. Hamilton, Minor Morgan, Asst. U. S. Attys., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.


TUTTLE, Circuit Judge.

On July 8, 1952, a two count indictment was returned by the grand jury charging appellant with a violation of Title 21 U.S.C.A. § 174 (Narcotics Drugs Import and Export Act), in Count One, and a violation of Title 26 U.S.C. (I.R.C. 1939) § 2553(a), in Count Two (Harrison Narcotics Act).

A plea of not guilty was entered by appellant. A trial by jury was subsequently had and a verdict of guilty was returned on both counts.

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