GARDNER, Chief Judge.
Appellant was charged, tried and convicted on an information of four counts charging violations of certain provisions of the Narcotic Act, to wit, Sec. 4741(a) and Sec. 4742(a) of Title 26, United States Code. In the course of this opinion we shall refer to appellant as defendant. The information on which defendant was tried was filed November 27, 1957, at which time defendant appeared in person and by Mr. Bernard Mellman,
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