United States v. Charles Toliver

The appellant, Charles Toliver, was found guilty following a jury trial in the district court on two counts of an indictment charging violations of 21 U.S.C. § 174 (Concealment and Transportation of Heroin). His trial was severed from that of his codefendant, Hillard Maxfill. This court's jurisdiction to review the conviction rests on 28 U.S.C. § 1291 . We have reviewed the entire proceeding and affirm the judgment of the trial court.

On July 31, 1969, the Bureau of Narcotics and Dangerous Drugs in San Francisco received a tip from an unidentified caller that a transfer of heroin was to occur in approximately one-half hour at a certain location in Oakland. The informant gave the names and physical descriptions (including clothing) of the parties who would be involved, the cars they would be driving, and a description of a female companion that would be present. The voice of the informant was recognized by another agent as belonging to a person who had provided reliable information in the past.

Upon arriving at the specified location, federal and state agents were able to confirm by observation many of the essential facts contained in the tip given by the informant. Appellant,…