UNITED STATES v. SMITH

No. 71-1366.

451 F.2d 595 (1971)

UNITED STATES of America, Appellee, v. Herbert Richard SMITH, Appellant.

United States Court of Appeals, Ninth Circuit.

December 1, 1971.


Attorney(s) appearing for the Case

Lorraine A. Smith, San Francisco, for appellant.

Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Paul G. Flynn, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY, ELY and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Smith was convicted, in a jury trial, of having violated 21 U.S.C. § 174, for receiving, concealing and selling heroin, and of 26 U.S.C. § 4705(a), for unlawfully transferring heroin without a written order form. He appeals.

Smith contends that the admission into evidence of certain extra-judicial statements allegedly made by his co-defendant, which inculpated Smith in the crimes charged, violated Smith's Sixth Amendment right of confrontation...

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