Cipriano D. Alonzo, and v. United States of America, And

The appellant Alonzo, James Jackson and Dorothy Cox were indicted for violation of the federal narcotics laws. They were tried and convicted by a jury. Only Alonzo’s conviction of the one count with which he was charged pursuant to § 174 Title 21 U.S.C., is relevant to this appeal.

On Septemer 18, 1968, George Heard, an undercover narcotics agent, met James Jackson at Jackson’s residence and purchased an ounce of heroin for which he paid $400.00. A week later he made a similar purchase.

Heard telephoned Jackson at his apartment on October 2, 1968, and asked if he could get “six pieces”. Jackson stated that “his man was out of town”, but that he could supply Heard with a portion of the desired amount and he “would get the other later”. Heard rejected this arrangement, stating that he wanted the entire amount at one time and that he would contact Jackson in a few days.

On October 4, 1968, Heard again called Jackson who told him his “man” was back, that he was on his way over and would be there by the time Heard arrived. When Heard arrived at Jackson’s apartment, he was told by Jackson that his “man” would bring the drugs over, since he was a short distance away and that he could…