United States v. Jerry Earl Allen

On May 12, 1970, appellant was convicted by jury trial of two counts for violation of Title 21 U.S.C. § 174 (receiving, concealing and facilitating transportation and concealment of a narcotic drug, to wit: heroin), and two counts for violation of Title 21 U.S.C. § 4704 (a) (purchasing a narcotic drug, to wit: heroin). He was sentenced to six years on each of the four counts, said sentences to run concurrently.

On appeal, we are asked to determine first, whether the judge in charging the jury as to the statutory inferences contained in § 174 committed prejudicial error when he allegedly took judicial notice of an “official investigation” report concerning importation of heroin; secondly, whether error was committed when ruling that appellant’s veracity as a witness could be impeached by the introduction of a prior felony conviction which was pending an appeal.

Appellant contends that the court in charging the jury took judicial notice of an “official investigation” which in essence concludes that possession of heroin in the United States implies illegal importation because heroin is not made or the derivatives grown here. Consequently, this violated Turner v. United States, 396…