United States v. Walter Earl Edwards

Before BARNES, Senior Circuit Judge, CARTER, Circuit Judge, and LINDBERG, District Judge.

Appellant appeals his conviction of knowingly and intentionally distributing on February 8, 1973, without a prescription, 31 grams of heroin, a narcotic drug “controlled substance,” in violation of 21 U.S.C. § 841 (a)(1). The heroin was purchased by a government agent, Greenlee, from one Earl A. Jones (identified as defendant Edwards). The sale was arranged through the cooperation and assistance of an informant, one Sherfield. Also present was one Stephen Dennis Chesley, charged as co-defendant, who was also convicted of distributing the heroin, but did not appeal.

On February 14, 1973, a second purchase was arranged, but the substance delivered by “Jones” was not heroin. Attempts to locate “Jones,” the seller, were unsuccessful.

On April 23, 1973, Agent Greenlee saw and arrested appellant, after recognizing him as the seller, “Jones.”

The appellant’s sole defense was mistaken identity, i. e., that he, Edwards, was not “Jones.” The jury found he was.

Appellant states that the whole appeal may be summarized by three words, “Is Edwards Jones?” However, two errors are urged by…