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BUSH v. UNITED STATES

Nos. 20313, 20314.

375 F.2d 602 (1967)

Joseph J. BUSH, Appellant, v. UNITED STATES of America, Appellee. Arthur H. OTEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 17, 1967.

Petition for Rehearing Denied May 18, 1967.

Attorney(s) appearing for the Case

Mr. Robert W. Alvord, Washington, D. C. (appointed by this court), for appellant in No. 20,313.

Mr. George P. Lamb, Jr., Washington, D. C. (appointed by this court), for appellant in No. 20,314.

Mr. Peter Bouxsein, Atty., Dept. of Justice, of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Charles L. Owen, Asst. U. S. Attys., were on the brief, for appellee. Miss Carol Garfiel, Asst. U. S. Atty., also entered an appearance for appellee.

Before BURGER, WRIGHT and ROBINSON, Circuit Judges.

Petition for Rehearing En Banc in No. 20,314 Denied May 18, 1967.

BURGER, Circuit Judge.

Otey appeals from a conviction on four counts of possession and transferring narcotics in separate transactions on August 10 and September 17, 1965. Bush appeals from a conviction of aiding and abetting the unlawful transfers; possession charges as to him were dropped.

The chief witness for the prosecution was a narcotics officer who had been operating as an "undercover...

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