O'Dell Marshall v. United States

This appeal follows appellant Marshall’s conviction, on three counts, of having violated certain statutes pertaining to the sale of marihuana. The first two counts charged Marshall with knowingly receiving, concealing, transporting, and selling contraband as prohibited by 21 U.S.C. § 176a. The third count charged him with failure to have obtained a written order form issued by the Secretary of the Treasury as required by 26 U.S.C. § 4742 (a). Marshall was sentenced to a seven year term of confinement on each count, with the three sentences to run concurrently.

Marshall bases his appeal on two specific grounds. First, he insists that the District Court erred in permitting a testifying Government agent to relate conversations between Marshall and a Government informant, one Humphrey, which the agent overheard by means of an electronic transmitter hidden on the person of the informant. Secondly, the appellant challenges the constitutionality of his conviction under the federal marihuana statutes, claiming it violative of his privilege against self-incrimination.

ADMISSIBILITY OF THE AGENT’S TESTIMONY

On December 2, 1965, Government agent Casey met with the informant Humphrey and…