Eddie Javor, Alan H. Rice and Lawrence S. Toroker v. United States

Appellants went to trial before a jury on November 9, 1965, on a thirteen-count indictment. All counts except Count Eight charged violations of Title 21, section 174 of the United States Code. Count Eight alleged a violation of Title 21, section 176a of the United States Code.

Appellant Javor was charged on Counts Ten and Eleven only. He was convicted on both counts. Javor was sentenced to serve seven years on Count Ten and seven years on Count Eleven, the sentences to run concurrently.

Appellant Rice was charged in all thirteen counts. However, before the jury was impaneled, Counts Six and Seven, which named only Rice, were dismissed. Rice was found guilty as charged in the remaining eleven counts.

Appellant Toroker was charged in Counts One, Two, Five, Eight, Nine, Ten, Eleven, Twelve, and Thirteen and convicted on all of the said counts.

Both Rice and Toroker were committed for study pursuant to Title 18, section 4208(b) and (c) of the United States Code. After study, each of them was sentenced to serve five years for each count of which they were convicted, all sentences to run concurrently.

We have carefully considered appellants’ several assignments of error. Just three…