v3243-253

On the last question submitted as to

the question of the jury's inability to agree and at

11:00 P.M., he merely sent word to continue their

deliberations. This is no different than sending

word to go to dinner at a certain time. This was a

matter within the court's discretion.

He then cited: "Denial of a continuance

to investigate the narcotic history of one of the

government's prime witnesses."

He next cited: "Denial of a continuance

to investigate government's prime witness."

Appellant did not assign this point as

error in either the original appeal or in the appeal from

the denial of his motion for new trial. No authority

having been cited, we will disregard this point.

Lastly he cited: "Failure by the United

States Attorney to disclose material evidence."

Appellant specified this point in his

Specification of Errors, No. 7, page 7, his original

opening brief. We rely on authorities cited in our

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archive.org Volume Name: govuscourtsca9briefs3243

Volume: http://archive.org/stream/govuscourtsca9briefs3243

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n252/mode/1up

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Document Status: UGLY