United States v. William Bentvena

MOORE, Circuit Judge.

This is an appeal by thirteen defendants from their convictions for violations of the federal narcotics laws, 21 U.S.C. §§ 173, 174. The indictment, filed on May 5, 1960, contained eight counts, and named twenty-nine defendants. Counts one through seven charged various defendants with substantive violations; count eight charged all of those named with conspiracy to violate the narcotics law. The trial from which this appeal is prosecuted was the second trial on this indictment. The first trial, before Judge Levet and a jury, ended in the declaration of a mistrial after a…