Willie James Harris v. United States

Good Law
371 F.2d 365·1967 U.S. App. LEXIS 7721
United States Court of Appeals for the Ninth CircuitJanuary 19, 196720738_1California1,403 words

Opinion

Opinion

Browning, J.

We have concluded that the grounds urged for reversing appellant’s conviction of narcotics offenses are without merit.

1. Appellant attacks the adequacy of the government’s proof of “chain of custody” of the narcotics offered in evidence, primarily on the ground that the narcotics were left for a time in the locked trunk of a government chemist’s unattended automobile. A sufficient answer is found in Gallego v. United States, 276 F.2d 914, 916-917 (9th Cir. 1960), and Pasadena Research Laboratories v. United States, 169 F.2d 375, 381 (9th Cir. 1948). See also West v. United States, 359 F.2d 50, 55 (8th Cir. 1966); and Brewer v. United States, 353 F.2d 260, 262 (8th Cir. 1965).

2. Appellant challenges the sufficiency of the evidence as a whole. Aside from proof of the nature of the substance involved, the government’s case depended largely on the testimony of the informer Brooks. If Mr. Brooks’ testimony is accepted, proof of appellant’s guilt was overwhelming. The minor conflicts and discrepancies in the testimony of other witnesses do not detract from this conclusion. The jury chose to believe Mr. Brooks.

3. Appellant contends that cross-examination of Mr. Brooks was…

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