Poy Coon Tom v. United States

Good Law
7 F.2d 109·1925 U.S. App. LEXIS 3504
United States Court of Appeals for the Ninth CircuitJune 29, 1925No. 4536California258 words

Opinion

Lead Opinion

Rudkin, J.

This is a writ of error to review a judgment of conviction under the Harrison Narcotic Act (Comp. St. §§ 6287g-6287q). The plaintiff in error and one Hughes were jointly indicted for selling, dispensing, and distributing narcotic drugs; not in or from the original stamped package. The testimony on the part of the government tended to show that Hughes made several sales of narcotic drugs to an informer, and that the drugs so sold were procured from the plaintiff in error, Poy Coon Tom. In the course of the trial, the following letter, found in the possession of the plaintiff in error upon a search of his home, was offered in evidence against him, and was admitted over objection and exception:

See, also, United States v. Crandell, Fed. Cas. No. 14885.

The government contends that the act of the plaintiff in error in attempting to destroy the letter rendered it competent. But the letter was received in evidence for an entirely different purpose before the attempted destruction was shown, and the nse actually made of it fully justified the fears of the plaintiff in error. His a/ttempt to prevent the government from making such unauthorized use should not now be urged against him to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.