Eddie Rena Hamer v. United States

Appellant was convicted on two counts of a five count indictment. On one count she was acquitted by the jury — two counts were dismissed by the judge.

The two counts which resulted in convictions related to the alleged sale of 283 grains of heroin on September 11, 1956, and of 223 grains of heroin on September 24, 1956; the sale in each instance having been made to one William Farrington. These offenses were charged in violation of 21 U.S.C. § 174 . A timely appeal is taken here. 28 U.S.C. §§1291 and 1294.

Appellant raises five points on appeal, which we separately consider in turn.

I. Deprivation of Trial by Jury.

A glance at the record quickly indicates that defendant’s convictions were the result of a jury trial. How then, can appellant claim a deprivation of the right to trial by jury? Because, says appellant, the right to a jury trial necessarily implies and includes the right to exclude jurors that are unfavorable, or that defendant may feel are unfavorable. In order to exercise this “right of exclusion,” a defendant must have the right to challenge a juror. And further, argues appellant, this presupposes (a) a fair knowledge (i. e., knowledge before trial) of the…