Hampton

Defendants Hampton and Phill were convicted of selling heroin; Hampton appeals from the judgment. Subsequent to the filing of her opening brief the Attorney General moved to dismiss the appeal on the ground it is “sham and frivolous and lacking in appellate objective.” At the hearing on the motion both counsel waived argument and submitted the appeal on the merits and the motion to dismiss on the briefs on file and the record herein.

On November 2, 1962, at approximately 10 a.m. Keyes, an undercover police officer for the narcotics detail, and an informer known as “Big Daddy” met codefendant Phill; Big Daddy told Phill they were looking for “weed” (marijuana). They walked to the corner where they met Rose and after a conversation with her Phill directed officer Keyes to drive them to a hot dog stand where Phill left the car and shortly returned with Milton Law. Keyes told Law he wanted two balloons (heroin) ; when he asked how much they were, Law said $10 each. The officer said he would not give him the money unless he could accompany him; Law agreed if he would stay a distance behind; the officer gave Law a $20 bill. Law told him he could get the balloons at his girl friend’s…