John E. Oelke v. United States of America, Leon T. Graves v. United States

ORDER WITHDRAWING OPINION AND OPINION

It appearing to this court that its majority opinion in the above entitled matters, dated September 20, 1967, should be withdrawn and revised;

Now, therefore, the said majority opinion dated September 20, 1967, in the above entitled matter, is hereby withdrawn; and a new majority opinion is ordered to be filed, together with the original dissent, as follows:

BARNES, Circuit Judge:

Leon Thais Graves and John Edward Oelke were two of five defendants joined in an eight count indictment involving *670the concealment, transportation and sale of marijuana, after…