Brady

Brady v. United States

Good Law
148 F.2d 394·1945 U.S. App. LEXIS 3417
United States Court of Appeals for the Ninth CircuitMarch 16, 1945No. 10809California899 words

Opinion

Lead Opinion

Healy, J.

Appellant, together with his wife, was convicted of violating the Jones-Miller Act, 21 U.S.C.A. § 174 , under an indictment charging the reception, concealment, and facilitation of the concealment and transportation ' of narcotics, namely, heroin. The wife did not appeal.

Four points are relied on for a reversal: (1) That the evidence was insufficient to sustain the verdict, (2) that the arrest of appellant and the seizure of the narcotics were illegal, (3) that the court erred in admitting evidence that the accused were narcotic addicts, and (4) that there was error in the reception of confessions.

1. The testimony on the part of the government, if believed, was amply sufficient to establish appellant’s guilt of the charges. In addition to direct testimony and evidence of circumstances tending tG show participancy in the offense, it was testified that appellant admitted the illicit *395 purchase and transportation of the narcotics involved in the case.

2. The accused couple were together during the evening of the arrest and had been under surveillance of narcotic agents throughout the evening. Immediately prior to the arrest the wife dropped or threw the racks ge containing…

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