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UNITED STATES v. AH KEE ENG

No. 34, Docket 23728.

241 F.2d 157 (1957)

UNITED STATES of America, Appellee, v. AH KEE ENG, Defendant-Appellant, and Noh Kan Lee and Sing Fu Chen, Defendants.

United States Court of Appeals Second Circuit.

Decided February 20, 1957.

Attorney(s) appearing for the Case

Jac M. Wolff, New York City, for defendant-appellant.

Leonard P. Moore, U. S. Atty., E. D New York, Brooklyn, N. Y. (William H. Sperling and Marie L. McCann, Asst. U. S. Attys., Brooklyn, N. Y., of counsel on the brief), for appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

As the proof at the trial was insufficient to support Ah Kee Eng's conviction for conspiring with Noh Kan Lee and Sing Fu Chen to import and sell heroin in violation of 21 U.S.C.A. § 174, and because of the improper admission of evidence, and prejudicial error in the conduct of the trial judge, we must reverse the conviction.

Section 174 of Title 21 U.S.C.A. makes it unlawful to conspire to commit any of the acts set forth in the...

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