UNITED STATES v. FALLINGS

No. 73-1220. Summary Calendar.

482 F.2d 1352 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. John Frank FALLINGS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 23, 1973.


Attorney(s) appearing for the Case

Murray M. Silver, Atlanta, Ga., Court-appointed, for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Eugene A. Medori, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.


PER CURIAM:

John Frank Fallings was convicted on two counts of distributing narcotics in violation of 21 U.S.C.A. § 841(a)(1). His arrests came after an undercover agent working with the federal office of Drug Abuse Law Enforcement, led to the defendant by an informant, made two separate purchases of heroin. We affirm.

(1) Defendant's counsel elicited from Detective Price, a government witness, that positive identification of Fallings was made through...

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