Pete Johnson, Jr. v. United States

The appellant, hereinafter called the defendant, was convicted in a jury trial in the district court, of violation of Section 4742(a) of Title 26, United States Code. The defendant has appealed. No question regarding the ju risdiction of the district court or of this court is involved.

Evidence introduced by the prosecution supports the following narrative. On October 6, 1965, Sergeant McCarthy of the Las Vegas, Nevada, Police Department introduced Federal Narcotics Agent Turnbou to a man named Booker, who was apparently an informant for the Las Vegas Police Department. Booker took Turnbou to a certain pool hall and introduced him to the defendant Johnson, saying that Turnbou was Booker’s friend and “ * * * wants to get some pot”. The defendant replied, “I have got a connection that can take care of it. However, his supply is quite low now. I don’t think he can handle a pound, but he can get some cans at $20.00 a can.” Thereupon Turnbou, Booker and the defendant went in Booker’s auto to No. 503 Jefferson Street. There the defendant asked for and received $40.00 from Turnbou. The defendant left the auto and entered the No. 503 premises. Some five minutes later the defendant came…