Howard R. Marshall v. United States

LEWIS, Circuit Judge.

Appellant has now been twice tried and twice found guilty by juries upon each of two counts of an information charging violation of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. This court's affirmance of the judgment of conviction obtained at the first trial, 10 Cir., 258 F.2d 94, was set aside because of extraneous events occurring during the course of the trial which irretrievably prejudiced appellant, 360 U.S. 310, 79 S.Ct. 1171, 3 L.Ed.2d 1250. Such extraneous events (interference by newspapers) did not recur and the instant appeal is now…