UNITED STATES v. SMITH

No. 74-1978.

520 F.2d 1245 (1975)

UNITED STATES of America, Appellee, v. Lee Vernon SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1975.


Attorney(s) appearing for the Case

Clark L. Holmes, Des Moines, Iowa, for appellant.

Paul Zoss, Asst. U. S. Atty., Des Moines, Iowa, for appellee.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.


STEPHENSON, Circuit Judge.

The principal issue raised on this appeal is whether the trial court erred in admitting a hearsay statement of an alleged co-conspirator made after the termination of the conspiracy and not in furtherance thereof. We reverse.

Appellant Smith was convicted by a jury verdict of guilt on three counts involving possession with intent to distribute heroin. Count I charged that appellant and Geraldine Smith on December 2, 1973 possessed...

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