UNITED STATES v. CHAPLIN

No. 696, Docket 32851.

435 F.2d 320 (1970)

UNITED STATES of America, Appellee, v. Paul CHAPLIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 3, 1970.


Attorney(s) appearing for the Case

Thomas J. Fitzpatrick, Ross Sandler, Asst. U. S. Attys., Whitney North Seymour, U. S. Atty., for appellee.

Samuel W. Gilman, New York City, for appellant.

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


WATERMAN, Circuit Judge:

Appellant was charged in a one count indictment with having violated 21 U.S. C. §§ 173 and 174 by having in his possession 39 grams of heroin. He was convicted after a jury trial in which the judge gave a supplemental "Allen charge."

According to the Government's proof, two Federal narcotics agents, after having had Chaplin under surveillance for some time, stationed themselves in...

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