Eastman

Appellants were convicted of unlawfully importing into the United States, and knowingly concealing and facilitating the transportation of 193 ounces of opium in violation of 21 U.S.C.A. § 174 . On this appeal they complain that:

1. The Court erred in giving an instruction which failed to limit the scope of the consideration by the jury of evidence pertaining to a transfer of one-half ounce of opium from appellant Grimsley to government agent Van Natter. The instruction given is appended as note l.

2. Error was committed in the refusal of the Court to give a requested instruction.

3. The Court erred in its refusal to admit in evidence written and oral statements alleged to have been made by one Richard A. Harding.

We will consider the specifications of error in the order outlined, but first it seems advisable to summarize some of the evidence in the case so that the charged errors may be viewed in their proper relation to the case as a whole.

On June 25, 1952, narcotics agent Charles Van Natter met appellant Grims-ley at the Triple X Bar in Casa Grande, Arizona. Also present were Patrick Whelan, a paid government informer, and Richard A. Harding, whom defendants contend was…