Shelly Fisher v. United States

Appellant was tried by the Court sitting without a jury and convicted on Counts Three and Four of the indictment. Count Three charged appellant and co-defendant Shurley Oliver Burse with selling and facilitating the sale of 92 grains of heroin, in violation of 21 U. S.C.A. § 174, and Count Four charged appellant and the same co-defendant with receiving, concealing and facilitating the transportation of approximately 450 grains of heroin, in violation of 21 U.S.C. A. § 174.

Appellant was sentenced to imprisonment for five years on Count Three and for five years on Count Four, and fined $25 on each, the sentence of imprisonment to run consecutively.

Appellant contends that the evidence is insufficient to sustain the judgment of conviction on either Count Three or Count Four and that the Trial Court erred in not granting appellant’s motion for acquittal. He also complains that essential evidence was obtained through illegal search and seizure.

At about 8:00 a. m. of July 22, 1954, in the City of Los Angeles, California, Federal Narcotic Agent Malcolm Richards accompanied co-defendant Burse to his home and after arriving there at about 8:30 a. m., the Agent and Burse engaged in a…