Adams

Adams v. United States

Good Law
152 F.2d 743·1946 U.S. App. LEXIS 1856
United States Court of Appeals for the Ninth CircuitJanuary 2, 1946No. 10900California647 words

Opinion

Lead Opinion

Stephens, J.

Adams, with two others, was indicted by the grand jury in two counts. He was found guilty under count 2, which charged that he did “knowingly, wilfully, unlawfully, feloniously, and fraudulently receive, conceal, buy, sell, and facilitate the transportation and concealment after importation of a certain narcotic drug, to-wit: approximately 3% ounces of prepared smoking opium * * Title 21 U.S. C.A. § 174. He appeals.

Appellant in his brief states the questions presented as: (1) Was the miscon *744 duct of the district attorney 1 such as to render the judgment void and unconstitutional in that it prejudiced the jury and deprived these (Adams, the only appellant) defendants of due process of law as guaranteed by the Fifth Amendment? (2) Was the evidence sufficient to sustain the conviction of the appellant Walter Adams?

It can be of no possible use to incorporate a detailed statement of facts in this opinion. Suffice it to say that there is ample substantial evidence to support the verdict.

It is .claimed by appellant that certain questions propounded to him by the deputy district attorney and certain argument relating thereto constitute misconduct upon the part of the deputy…

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