Ernest 'Duke' Arnold v. United States

JERTBERG, Circuit Judge.

Appellant, Ernest “Duke” Arnold, appeals from a judgment of conviction entered on July 9, 1962, for conspiring to violate 21 U.S.C.A. § 174. 1 Trial was to a jury. This appeal comes to us from the United States District Court for the Western District of Washington, Northern Division. We will hereafter refer to this appeal as the instant case.

The errors assigned are three: (1) that appellant’s conviction is in violation of the Constitutional protection against double jeopardy; (2) that there is a fatal variance between the pleading and the proof; and (3) that evidence…