Poole

Poole v. United States

Good Law
97 F.2d 423·1938 U.S. App. LEXIS 3791
United States Court of Appeals for the Ninth CircuitJune 3, 1938No. 8688California881 words

Opinion

Lead Opinion

Garrecht, J.

Appellant, Lois Grant and James Bacig-alupi were indicted on three counts, for unlawfully selling, dispensing and distributing morphine, for concealing and facilitating the concealment of a lot of morphine, and for feloniously conspiring together and with other persons, to sell, dispense and distribute morphine which had been imported contrary to .law. Appellant was tried separately. The jury returned a verdict of guilty and sentence was duly imposed.

Appellant urges that the evidence in this case is insufficient to justify the verdict and that the court should have directed a verdict of acquittal. We have carefully reviewed the evidence introduced at the trial and we deem it proper to say that the eyidence was sufficient to make a case for the jury, even if the- evidence which we hold was improper had been rejected.

The appellant contends that the trial court erred in admitting evidence of an accusatory statement made in the presence of, and by his co-defendant, Lois Grant, which' accusation at the time was denied by appellant. Various government agents attached to the Narcotic Bureau, who were witnesses, testified in substance that after the appellant’s arrest he was taken by…

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