Lucina Chavira Gonzales v. United States

Appellant stands convicted of the sale of and conspiracy to sell heroin in violation of 21 U.S.C. § 174 . On November 29, 1961, she with three others was indicted by the Federal Grand Jury for the Southern District of California, Central Division. One of the defendants remained fugitive. The three others pleaded not guilty. Following a jury trial, one defendant was acquitted. Appellant and one other were found guilty as charged, and on May 13, 1962, were duly sentenced.

Appellant, now represented by new counsel, asserts error in several respects, as to none of which was objection made during trial.

Appellant asserts that tape recordings of telephone conversations played by the government in rebuttal were inadmis sible as evidence both for lack of foundation and as being barred by 47 U.S.C. § 605 . The precise mechanical method by which the conversations were overheard and transcribed does not appear from the record. The conversations were between appellant and a special government employee and were overheard and recorded with that employee’s consent.

In the trial court, not only did appellant fail to object to the introduction of the tapes, but her counsel expressly stated that…