Richard H. Ward v. United States

BURGER, Circuit Judge.

Appellant was indicted, tried and found guilty on six counts for narcotics violations. He was tried with a co-defendant, Curtis Lyons, who was indicted jointly with appellant in counts 4, 5 and 6 for a narcotics sale on September 1, 1959. Lyons was not charged under counts 1, 2 and 3 which charged appellant alone for a narcotics sale on July 31, 1959. However, Lyons was indicted for a narcotics offense on December 11, 1959, which was the subject of count 7. The December 11 sale under count 7 was charged only to Lyons and was unrelated to the July 31 transaction.

Thus…