James Cass v. United States

The appellant, herein called the defendant, was indicted and tried for three alleged violations of the federal narcotics laws. When the taking of the evidence was completed, the district judge, on the defendant’s motion, rendered a judgment of acquittal on Count 1 of the indictment, which covered the first alleged violation. Counts 2 and 3 were submitted to the jury, which found the defendant guilty on each of these counts. The district court rendered judgment in accordance with the verdict, and the defendant has appealed from the judgment.

The defendant says that, taking the view of the evidence most favorable to the Government, it does not amount to a substantial basis for the verdict.

We will consider first the question whether certain evidence presented by the Government should have been admitted at all. If it should not have been admitted, it should not be considered in determining whether the verdict is supported by the evidence.

Count 1 of the indictment charged the defendant Cass and one Esposito with having, in August, 1964, received, concealed, sold and facilitated the transportation, concealment and sale of four pounds of marijuana in violation of Section 176a of…