Marvin Delane White v. United States

This appeal arises from the conviction of appellant on each of two counts, involving the sale and possession of heroin, respectively ( 21 U.S.C.A. § 173 ), on June 22, 1959. No proof was adduced that appellant ever had actual possession of the heroin (Exhibit 1 C), but there was proof that either appellant, or another person named Burley, had told the government informer witness where the heroin (Exhibit 1 C) might be picked up. Tr. pp. 28-31. Burley had sold heroin to the informer the previous day. Thus there was some evidence of constructive possession. Cellino v. United States, 9 Cir., 1960, 276 F.2d 941 ; Rodella v. United States, 9 Cir., 1960, 286 F.2d 306 .

I.

The trial court likewise permitted the introduction into evidence of certain marijuana (Exhibit 2 C) and two hypodermic needles (Exhibit 3) found a year after the alleged sale of June 22, 1959, on June 21, 1960, in the outside patio (Tr. p. 78) of a house vacated by defendant on June 17, 1960, and occupied by him from May 19, 1960, to said June 17, 1960. “Prowlers” had been noted in the vicinity after (Tr. p. 79) defendant had left, which prowlers had been reported to the police prior to the finding of the evidence.…