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SPRIGGS v. UNITED STATES

No. 21839.

408 F.2d 1279 (1969)

Leslie A. SPRIGGS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 22, 1969.

Attorney(s) appearing for the Case

Mr. John C. Duncan, III, Washington, D. C. (appointed by this court) for appellant.

Mr. Daniel E. Toomey, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Miss Carol Garfiel, Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, TAMM and LEVENTHAL, Circuit Judges.

DANAHER, Circuit Judge:

Convicted of violations of 26 U.S.C. § 4704(a) (first count), and 21 U.S.C. § 174 (second count), the appellant has here argued that the indictment as to the second count was defective and that the trial court's instructions were inadequate.

Having been lawfully arrested for a separate offense,1 the appellant was found in possession of some 118 glassine packets containing heroin hydrochloride and...

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