Sun B. Lee v. United States

Sun B. Lee, Lew Shee Hung, and Harry Fong were jointly charged with violations of, and conspiracy to violate, the narcotics laws of the United States. Lew Shee Hung and Harry Fong, named in all five counts of the indictment, pleaded guilty. Sun B. Lee, named in three of the counts, pleaded not guilty. Convicted on a jury verdict, Lee was sentenced to three terms of imprisonment of five years each, to run concurrently. He was also fined ten dollars on each count.

On this appeal, Lee questions the admissibility of certain evidence, the propriety of certain remarks of the court and appellee’s counsel while the admissibility of this evidence was being considered, and the giving of a cautionary instruction concerning the challenged evidence. One specification of error and some of appellant’s argument are also directed to the sufficiency of the evidence.

The evidence relied upon by the government consists principally of the testimony of agents of the Federal Bureau of Narcotics. One of these agents testified that, concealing his identity, he had purchased heroin from Lew Shee Hung. It was the theory of the prosecution that appellant was the supplier of these narcotics, and that Fong…