Frances Haynes v. United States

Following trial to the court, appellant was convicted in Count Five of the indictment of knowingly and unlawfully receiving, concealing and facilitating the concealment and transportation of heroin on or about May 3, 1964; in Count Six of the unlawful and knowing selling and facilitation of sale on the same occasion; and in Count Seven with the unlawful receiving, concealing and facilitating of the concealment and transportation of heroin, on or about May 20, 1964. The offenses were in violation of Title 21 U.S.C. § 174 . The appellant was sentenced to six years on each count, the sentences to run concurrently.

On this appeal appellant specifies as error that, “The verdict (sic) is contrary to the weight of the evidence and the verdict (sic) is not supported by substantial evidence.”

The transactions upon which the indictment is based are a sale of narcotics on May 3, 1964, and an attempted sale on May 20, 1964. With respect to the May 3rd sale, John Lee, a United States Treasury Agent testified that on April 30, 1964, the appellant was telephoned by Barnes, an informer, while Agent Lee listened to the conversation. Lee testified the appellant agreed to sell Barnes an ounce of…