UNITED STATES v. BROWNE

No. 207, Docket 27703.

313 F.2d 197 (1963)

UNITED STATES of America, Appellee, v. Richard BROWNE, Appellant.

United States Court of Appeals Second Circuit.

Decided February 14, 1963.


Attorney(s) appearing for the Case

William J. Quinlan, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, and Robert J. Geniesse, Asst. U.S. Atty., New York City, on the brief), for appellee.

Gerald Zuckerman, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.


MEDINA, Circuit Judge.

Richard Browne appeals from a judgment of conviction on a two-count indictment for the illegal sale of narcotics, in violation of 21 U.S.C. §§ 173 and 174, after a non-jury trial. The sufficiency of the evidence to sustain the conviction is so plain that we think it not necessary to discuss it in detail.

The principal argument for reversal is based upon certain rulings made after the trial judge suo motu had called as...

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