398 F2d 628 United States v. Caballero

398 F.2d 628

UNITED STATES of America, Appellee,
Antonio Padilla CABALLERO, Defendant Appellant.

No. 495.

Docket 30775.

United States Court of Appeals Second Circuit.

Argued May 9, 1968.

Decided July 8, 1968.

Appeal from a conviction in the United States District Court for the Southern District of New York, Edward Weinfeld, Judge, sitting with a jury, for an illegal sale of heroin in violation of Title 21 U.S. C. §§ 173 and 174. Reversed.

Theodore Krieger, New York City, for defendant-appellant.

Pierre N. Leval, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and David M. Dorsen, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.


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The judgment of conviction is reversed and the case is remanded for a new trial for the reasons stated in this court's opinion in United States v. Tarrago, 398 F.2d 621 (2 Cir. 1968), decided July 3, 1968.

LUMBARD, Chief Judge (concurring):


I concur in the result for the reasons stated in my concurring opinion in United States v. Tarrago, 398 F.2d at 621 (2d Cir. 1968).