UNITED STATES v. TRUESDALE

No. 516, Docket 32057.

400 F.2d 620 (1968)

UNITED STATES of America, Appellee, v. Franklin TRUESDALE, Appellant.

United States Court of Appeals Second Circuit.

Decided September 17, 1968.


Attorney(s) appearing for the Case

Arthur A. Munisteri, Pierre N. Leval, Asst. U. S. Attys., Robert M. Morgenthau, U. S. Atty., for appellee.

Phylis Skloot Bamberger, Anthony F. Marra, New York City, for appellant.

Before WATERMAN and FEINBERG, Circuit Judges, and ZAMPANO, District Judge.


WATERMAN, Circuit Judge.

Appellant, tried before a judge sitting without jury, was found to have violated 21 U.S.C. §§ 173, 174 by selling 23.2 grams of heroin to a narcotics agent. He seeks a reversal of his conviction on two grounds, first that he did not receive a fair trial because of alleged governmental prejudicial misconduct in failing to produce a "special employee," and second that the trial judge required him to surrender his privilege against...

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