UNITED STATES v. KINNEY

No. 73-2147.

500 F.2d 39 (1974)

UNITED STATES of America, Appellee, v. William Henry KENNEY, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1974.


Attorney(s) appearing for the Case

Brian P. Gettings, U. S. Atty., and K. Gregory Haynes, Asst. U. S. Atty., on brief for appellee.

Jerome A. Lowe, Arlington, Va., on brief for appellant.

Before CRAVEN, BUTZNER and RUSSELL, Circuit Judges.


PER CURIAM:

William Henry Kenney, Jr. appeals from the judgment entered upon his conviction for distributing heroin in violation of 21 U.S.C. § 841(a)(1).

Kenney contends that he was denied a fair trial by (1) the government's failure to call as a witness an informer who was present at the narcotics transaction and the district court's refusal to give a missing witness instruction, and (2) certain comments and instructions made by the court.

John...

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