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UNITED STATES v. Van MEERBEKE

Nos. 635, 636, Dockets 76-1278, 76-1327.

548 F.2d 415 (1976)

UNITED STATES of America, Appellee, v. Robert L. Van MEERBEKE and Donald M. Jones, Appellants.

United States Court of Appeals, Second Circuit.

Decided December 27, 1976.

Certiorari Denied April 18, 1977.

Attorney(s) appearing for the Case

Guy L. Heinemann, New York City, for appellant Van Meerbeke.

Barry A. Bohrer, New York City (Ivan S. Fisher, New York City, on the brief), for appellant Jones.

Douglas J. Kramer, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., on the brief, Alvin A. Schall, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before KAUFMAN, Chief Judge, OAKES and GURFEIN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

A courtroom is not always a haven from the more bizarre manifestations of human behavior. In this case, we are asked to decide whether the ingestion of opium by a government witness during his testimony requires reversal of the appellants' convictions for importing approximately ten pounds of opium into the United States, 21 U.S.C. § 952(a), 18 U.S.C. § 2, and conspiracy to commit that offense, 21 U.S.C. § 963.

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