SMITH v. UNITED STATES

No. 16028.

293 F.2d 532 (1961)

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

United States Court of Appeals District of Columbia Circuit.

Decided June 15, 1961.


Attorney(s) appearing for the Case

Mr. Earl H. Davis, Washington, D. C. (appointed by this court), for appellant.

Mr. John R. Schmertz, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Mr. Oliver Gasch, U. S. Atty., at the time the record was filed, and Mr. Donald S. Smith, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, FAHY and BURGER, Circuit Judges.


PER CURIAM.

Appellant's conviction on fourteen counts of an indictment under the Narcotics laws1 was based solely on the testimony of a young undercover police officer who circulated among young people, as "one of them," in "beatnik" establishments. Counts 1 and 2, relating to the first transaction between the officer and appellant, involved two marihuana cigarettes for which the officer gave no money to appellant; Counts 3 and 4 involved...

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