Mary Helen Burton v. United States

This is an appeal from a conviction of the receipt, concealment and transportation of eighty-eight grains of illegally imported heroin. 21 U.S.C.A. § 174 . Appeal is timely and this Court has jurisdiction under 28 U.S.C. § 1291 .

We first adopt, with slight changes, the introductory statement of appellant’s opening brief which is as follows:

“1. Whether there was an illegal search and seizure of the narcotics presented as evidence in the case against appellant, Mary Helen Burton.

“2. Whether federal agents were connected with and a party to the illegal search and seizure.

“3. Whether appellant’s constitutional rights under the Fourth, Fifth, Sixth and Eighth Amendments of the United States Constitution were infringed upon by the failure to allege the prior offense in the original indictment.

“4. Whether the court had the discretion to deny the prior conviction and sentence the defendant to five years imprisonment instead of ten years imprisonment as the court indicated it desired to do.”

We next adopt the statement of facts made by appellee:

We prefer to define the issues here involved to be as follows:

1. Was there an illegal search and seizure of narcotics by the…