UNITED STATES v. JOHNSON

No. 15421.

363 F.2d 333 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. Alonzo F. JOHNSON, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 1, 1966.


Attorney(s) appearing for the Case

William C. Erbecker, Indianapolis, Ind., Alonzo Johnson, for appellant.

Richard P. Stein, David W. Mernitz, Indianapolis, Ind., James Manahan, Asst. U. S. Atty., Southern District of Indiana, Indianapolis, Ind., for appellee.

Before KNOCH and SWYGERT, Circuit Judges, and BEAMER, District Judge.


KNOCH, Circuit Judge.

The defendant-appellant, Alonzo F. Johnson, was indicted in two counts charging violation of the narcotic laws (Count I — 26 U.S.C. § 4704; Count II — 21 U.S.C. § 174). After denial of his motion to suppress certain evidence, the defendant waived trial by jury. He was convicted in a bench trial and sentenced to serve two years on Count I and five years on Count II, to run concurrently.

It is the defendant's contention...

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