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UNITED STATES v. BARNES

No. 83-5300.

747 F.2d 246 (1984)

UNITED STATES of America, Appellee, v. Billy Harold BARNES, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 25, 1984.

Attorney(s) appearing for the Case

Douglas E. Kingsbery, Raleigh, N.C. (Tharrington, Smith & Hargrove, Raleigh, N.C., on brief) for appellant.

Sidney M. Glazer, Atty., Dept. of Justice, Washington, D.C. (Samuel T. Currin, U.S. Atty., S. Johnson Howard, Asst. U.S. Atty., Raleigh, N.C., on brief) for appellee.

Before SPROUSE and CHAPMAN, Circuit Judges, and HALLANAN, United States District Judge for the Southern District of West Virginia, sitting by designation.

SPROUSE, Circuit Judge:

Billy Harold Barnes appeals his conviction of conspiracy to falsely identify and market 6,917 pounds of tobacco in violation of 18 U.S.C. § 371. He contends that there was insufficient evidence to convict him, that the jury viewed prejudicial material that was not in evidence, and that the trial court erred in refusing to allow him to present evidence tending to establish the existence of an illegal wiretap. Finding that the jury impermissibly...

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