Edmond Elijah Jensen v. United States

Jensen and codefendant Smith were tried in six counts on charges of: (1) concealing, (2) selling and (3) selling without a Treasury form, two separate amounts of heroin — first on February 28, 1967 and second on March 8, 1967.

On each occasion there was proof from the Government agent that shortly before defendant Smith delivered the respective heroin to a government informer, he (Smith) had contacted a person using a gray Hillman auto.

Smith got into the Hillman auto with Jensen on February 28, 1967 and talked to Jensen outside the Hillman auto on March 8, 1967. Smith returned directly to the government agent with the heroin after leaving the Hillman auto on February 28, 1967; and returned to the government agent with the heroin after go ing from the Hillman auto to a rest room, and then to the agent, on March 8, 1967.

There was no direct testimony Jensen ever was seen with heroin in his possession; nor of any transfer or delivery of anything by Jensen to Smith, or anyone else. The Hillman auto was licensed to a third person. No money— marked or unmarked — was ever proved passed to Jensen, or to anyone on his behalf.

There was evidence of statements allegedly made by Smith,…