HOWARD v. UNITED STATES

No. 15449.

278 F.2d 872 (1960)

Sylvester HOWARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 5, 1960.


Attorney(s) appearing for the Case

Mr. John Paul Sullivan, with whom Mr. William H. Borghesani, Jr., Washington, D. C., (both appointed by this court) was on the brief, for appellant.

Mr. William W. Greenhalgh, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.


BAZELON, Circuit Judge.

The record on this appeal from a conviction for violations of the narcotics laws reflects palpable error which seriously obstructed the defense and therefore requires a new trial.

The indictment was based upon two alleged sales of heroin to Officer Troublefield of the Metropolitan Police Department. At trial, Troublefield testified that the second transaction took place at approximately 11:45 p. m., on May 28, 1958. Appellant...

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