GILMORE v. UNITED STATES

No. 16996.

256 F.2d 565 (1958)

McCoy GILMORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 23, 1958.


Attorney(s) appearing for the Case

William F. Walsh, Houston, Tex., Percy Foreman, Houston, Tex., counsel for appellant.

Donald F. McNiel, II, Asst. U. S. Atty., William B. Butler, U. S. Atty., Gordon J. Kroll, Asst. U. S. Atty., Houston, Tex., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal from a conviction and subsequent sentence as a Boggs Act, 26 U.S. C.A. § 2557(b), multiple offender for unlawful sale of narcotics, 21 U.S.C.A. § 174, presents as the only substantial question the refusal of the Trial Court to require a Narcotics Agent to disclose the name of a non-paid informer, more euphemistically referred to as a "special employee."

The case was made by the prosecution entirely on the...

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