United States v. Norman Dale Callison

Appellant was convicted of concealing and facilitating the concealment of heroin. He was arrested by officers who, after having his residence and particularly the area near his horse corral under surveillance for the better part of two nights (December 1st and 2nd, 1967) testified that on the second night they saw him stoop and reach toward a log. At that moment, the officers, from their hiding place, shone a flash light on the appellant, who ran, throwing some object away that slithered through the leaves of a tree or bush, and onto the ground. Examination below the tree revealed a rubber container of heroin.

Appellant urges three errors: first, that the trial court committed error in refusing to strike all testimony relating to the surveillance of appellant’s house on the day preceding the arrest; second, that the trial court erred in refusing to grant a mistrial “because * * * counsel for appellee contended that the appellant was making his living from the sale of heroin” and commented on the surveillance; and third, that the representation of appellant by trial counsel below was so inadequate as to demonstrate a lack of due process.

We find no merit in any of the points…