Nailling v. United States

This case came on to be heard upon the petition for rehearing, the brief in support thereof, the answer of the appellee thereto, and the reply to the brief of the appellee; on consideration whereof, it appearing that the appellant was convicted of selling narcotics in violation of Section 2554(a) I.R.C.; 26 U.S.C.A. Int.Rev.Code, § 2554(a).

And it appearing that appellant has been tried twice under the indictment herein; and that the principal questions raised in the petition for rehearing were not called to the attention of the District Court, the record showing that no demurrer was filed, no…