Lessie B. Henry and Mildred Louise McDavis v. United States

Good Law
215 F.2d 639·1954 U.S. App. LEXIS 2871
United States Court of Appeals for the Ninth CircuitSeptember 11, 195414079_1California777 words

Opinion

Opinion

Stephens, J.

Lessie B. Henry and Mildred Louise McDavis are appealing from judgments of conviction for four violations each of § 174, Title 21 U.S.C.A. Two of the offenses related to the facilitation of transportation of heroin and two related to the selling of the heroin transported.

In the month of February, 1953, Franklin J. Stafford, a known narcotics user, who, a couple of years earlier, had been convicted of the possession of narcotics, was in the employ of the Bureau of Narcotics, as an informer. Stafford had known appellant Henry and his mother for over three years and claimed that he and Henry together had been in the narcotics selling business. During the month and year mentioned, according to his testimony, Stafford, while visiting in the Henry home, asked Henry if he could purchase some heroin to which Henry replied in the affirmative. A week or so later Henry telephoned Stafford he was ready to perform and said someone would meet Stafford at a certain street corner. Stafford was furnished with $300 marked currency by the Bureau of Narcotics officers and searched to determine that he had no narcotics on his person. Stafford then proceeded to the rendezvous where he met appellant…

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