UNITED STATES v. HERNANDEZ

No. 365, Docket 28125.

361 F.2d 446 (1966)

UNITED STATES of America, Appellee, v. Jose HERNANDEZ, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 25, 1966.


Attorney(s) appearing for the Case

Bernard P. Becker, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

John H. Adams, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, and Gerald H. Abrams, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.


PER CURIAM.

The sole question on this appeal from a narcotics conviction is whether the charge given by the trial court was plainly erroneous, so as to require the reversal of appellant's conviction even though the error asserted was not brought to the attention of the trial court. There is no question as to the sufficiency of the evidence against the appellant, which consisted, in part, of the uncontradicted testimony of an agent of the Federal Bureau of Narcotics...

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