MILLER v. UNITED STATES

No. 17629.

273 F.2d 279 (1959)

Larry Joe MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 22, 1960.


Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, Tex., for appellant.

Minor Morgan, Asst. U. S. Atty., Dallas, Tex., W. B. West, III, U. S. Atty., Fort Worth, Tex., for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The principal issue in this appeal from a conviction for illegal possession and transportation of narcotics, 26 U.S.C.A. § 4744(a) (1) & (2), concerns the Government's privilege against disclosure of the identity of an informer who brought criminal information to the police.

Being tipped off by an informer, Dallas police officers and a federal narcotics agent located a quart Miracle Whip jar secreted in a leaf-covered...

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