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UNITED STATES v. SMITH

No. 11, Docket 26439.

283 F.2d 760 (1960)

UNITED STATES of America, Appellee, v. Oliver SMITH, Appellant.

United States Court of Appeals Second Circuit.

Decided November 10, 1960.

Attorney(s) appearing for the Case

Menahem Stim, New York City, for appellant.

Samuel Sheres and S. Hazard Gillespie, Jr., U. S. Attys., New York City, David Klingsberg, Asst. U. S. Atty., New York City, of counsel, for appellee.

Before LUMBARD, Chief Judge, and HAND and FRIENDLY, Circuit Judges.

HAND, Circuit Judge.

This appeal is from a judgment convicting the defendant, Smith, of selling a parcel of heroin on April 28, 1959. The evidence for the prosecution was in substance as follows. On April 23, 1959, Avant, an agent of the Bureau of Narcotics, entered the "Dunbar Bar" in New York in company with one, Mack, who is described as a "special employee of the bureau." While there, Smith entered and had a talk with Mack out of the hearing of Avant. After Mack...

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