UNITED STATES v. NORTON

No. 140, Docket 27635.

310 F.2d 718 (1962)

UNITED STATES of America, Appellee, v. Alexander NORTON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 30, 1962.


Attorney(s) appearing for the Case

Thomas Barrett Leary, New York City, for defendant-appellant.

Gerald E. Paley, Asst. U. S. Atty., Southern District of New York, New York City (Vincent L. Broderick, U. S. Atty., and Andrew T. McEvoy, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and CLARK and KAUFMAN, Circuit Judges.


PER CURIAM.

Alexander Norton appeals from his conviction by Judge Metzner, sitting without a jury, under 21 U.S.C. §§ 173, 174 for concealing or transporting heroin, and under 18 U.S.C. § 1403 for using a communication facility in committing a federal narcotics offense.

On December 6, 1961, Norton was arrested and heroin was found in his possession. At the trial, the government showed possession and relied upon the evidentiary rule in 21 U.S...

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