Caesar Brown v. United States

Caesar Brown, hereafter appellant, appeals from his conviction by the United States District Court for the District of Oregon, sitting without a jury, for selling heroin in violation of 26 U.S.C. §§ 4704 (a), 4705(a) and 21 U.S.C.A. § 174 . He urges on this appeal that the evidence was insufficient to sustain his conviction and that the government deliberately suppressed certain testimony which would have revealed that he was entrapped.

Appellant was indicted on three counts of violating the federal narcotics laws, all of which counts relate to a single transaction. Appellant pleaded not guilty and waived a jury trial.

At trial, the government’s case rested on the testimony of Wolski, a federal narcotics agent. Wolski testified that several days prior to May 23, 1957, he and Clarence Henry Jackson rented rooms 208 and 209 of the Milton Hotel in Portland, Oregon. Clarence Henry Jackson, a user of narcotics, was a “special employee” apparently paid for his services by the Portland Police Department. At approximately 11:00 P.M. on the evening of May 23, 1957, Jackson left room 208, conversed on a street corner with the appellant, and returned at about 11:40. Wolski then entered…