Laurence Anthony v. United States

Appellant and one Landry were the subjects in the District Court of a five count indictment involving narcotics. The two wore charged jointly in counts one and four of violation of 21 U.S.C.A. § 176a — knowingly selling or facilitating the sale of marijuana. Counts two and three were charges against Landry alone. Sometime between indictment and trial, the fifth count alleging conspiracy, as appellant states, was “dropped.” A joint trial of the two defendants was had. Defendant was convicted on counts one and four, as charged. His co-defendant was convicted on all four counts. Anthony, appellant here, has taken a timely appeal. 28 U.S.C. § 1291 .

Appellant does not urge the insufficiency of the evidence to convict on either count. He does urge four alleged errors in the admission of evidence.

An informer, or “stool pigeon,” introduced federal narcotics officers to co-defendant Landry as a possible supplier of marijuana. Landry supplied the narcotics officer with several ounces of marijuana on February 23, 1957, which marijuana was delivered to the officer in a common brown-paper grocery bag. This was immediately after defendant had arrived at Landry’s home, apparently for the…