United States v. Marvin Smith and James Smith

CECIL, Circuit Judge.

This is an appeal by defendants-appellants, James Smith and Marvin Smith, from a conviction in the United States District Court for the Southern District of Ohio on all counts of a six-count joint indictment charging possession and sale of narcotics in violation of Section 174, Title 21, U.S.C. and Sections 4704(a) and 4705(a) of Title 26, U.S.C. It is alleged in the indictment that the first three counts grew out of a transaction on February 25, 1963, and that the transaction, upon which counts four, five and six were based, occurred on March 1, 1963. The appellants were…