Madison Wilson v. United States

The appellant was convicted by a jury ■of offenses involving heroin, charged in a six count indictment. Four prior convictions were charged by a supplemental Information. Appellant was sentenced to imprisonment for 15 years on each •count, the sentences to run concurrently.

The case raises only two questions:—

1. Was there a violation of Section ■605 of the Federal Communications Act, where a federal agent listened in on a telephone conversation ?

2. The validity of the inference of unlawful importation and knowledge thereof from the shown possession of heroin under Title 21 U.S.Code § 174.

This is a small horse soon curried.

I

Section 605 of the Federal Communications Act; (b7 U.S.C.A. § 605).

Gibson, an agent for the Federal Bureau of Narcotics without appellant’s consent, by use of a “Twinfone”, listened in on two conversations wherein a special employee of the Bureau of Narcotics talked to appellant. The calls were made from pay stations to appellant.

The device was attached to a receiver of a telephone and automatically created an extension. It is on sale to the public in various stores. The trial court found that the device was similar to a second extension on a…