Walter Emmett Maxted v. United States

Maxted appeals from a judgment convicting him under four counts of an indictment charging him with violations of 21 U.S.C. § 176a, sale of marijuana and concealing and facilitating the transportation and concealment of marijuana, knowing that it had been unlawfully-brought into the United States. The sole claim of error is that certain testimony regarding other wrongful acts of Maxted was erroneously admitted.

Two transactions were involved, one on June 17, 1966, and one on July 11, 1966. Each involved a purchase of marijuana by an undercover agent, Katz, through one Wilson. Maxted delivered the marijuana. After the government rested, Maxted opened his case by calling another government agent, Saiz. On direct, Saiz testified that he had known Maxted for two and a half years, that Maxted had worked with him as an informant, helping to determine who were traffickers in narcotics, that Maxted did this a number of times, that he introduced Saiz to a trafficker from whom Saiz made a buy, that Maxted cooperated and did as he was instructed. On cross-examination, Saiz was asked if he knew why Maxted was working for the Bureau of Narcotics. To this an objection, on grounds of hearsay,…