Clyde Williams v. United States

Appellant was charged in a two count indictment (a) with the sale of and (b) with knowingly receiving or concealing marijuana. Each count refers to the same date and the same amount of marijuana. The court without a jury, found appellant not guilty of the count I sale and guilty of the count II concealment.

Appellant urges as error:

1. There was no proof of possession of the marijuana by appellant, and hence no inference that the marijuana was illegally imported.

2. There was error in admission of a conversation between the informer McCormick and the appellant, overheard by several police officers through the use of a listening device.

3. The trial judge was not convinced of appellant’s guilt, and there was flimsy evidence of guilt.

4. Appellant did not have bona fide assistance of competent counsel..

We find the third and fourth alleged errors insufficient as a matter of fact and law, and unworthy of any comment by us save that we find no error. Nor do we find any error in the admission of the conversation overheard by means of the listening device.

This brings us to appellant’s real point, the lack of evidence as to possession. Admittedly there was no proof appellant had…