UNITED STATES v. de la HUERTA

No. 72-1873.

469 F.2d 285 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Darrow de la HUERTA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 8, 1972.


Attorney(s) appearing for the Case

Carlos R. Estrada (argued), of Estrada & Estrada, Phoenix, Ariz., for defendant-appellant.

Sarah Bailey, Asst. U. S. Atty. (argued), William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before DUNIWAY and CARTER, Circuit Judges, and McNICHOLS, District Judge.


PER CURIAM:

Darrow de la Huerta was charged, with two other defendants, in a single count indictment alleging conspiracy to violate 21 U.S.C. § 841(a)(1) (possession of heroin with intent to distribute). Appellant and co-indictee, one Espinoza, entered pleas of not guilty. While each had separate counsel, they were scheduled for a joint trial.

During the first morning of the trial a jury was impaneled, counsel for each defendant participating in the voir...

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