302 F.2d 46 (7th Cir. 1962), 13512, United States v. Jones

• Date: 01 May 1962
• Citation: 302 F.2d 46
• Docket Number: 13512.
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Chester JONES, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

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302 F.2d 46 (7th Cir. 1962)

UNITED STATES of America, Plaintiff-Appellee,

v.

Chester JONES, Defendant-Appellant.

No. 13512.

United States Court of Appeals, Seventh Circuit.

May 1, 1962

George N. Leighton, Chicago, Ill., for appellant.

James P. O'Brien, U.S. Atty., John P. Lulinski, Asst. U.S. Atty., Chicago, Ill., Robert F. Monaghan, Asst. U.S. Atty., of counsel, for appellee.

Before DUFFY, SCHNACKENBERG and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

On this appeal, Chester Jones, defendant, asks us to reverse a judgment of the district court finding him guilty on all counts of an indictment, three of which charge sales of heroin and three of which charge possession of that drug, in violation of specified statutory provisions, as amended by the Narcotics Control Act of 1956.

A trial by jury was waived and defendant was tried by the court.

In this court the errors relied upon arise out of (1) the defense of entrapment and (2) the use of allegedly prejudicial testimony.

The principal witnesses for the government were William R. Jackson, a narcotics agent, and a gentleman with many names and an imposing criminal

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record, whom we shall refer to usually as Wheeler.

1. To sustain his contention as to the defense of entrapment, defendant relies on Sorrells v. United States, 287 U.S. 435, 53 S.Ct. 210, 77 L.Ed. 413, and Sherman v. United States, 356 U.S. 369, at 373, 78 S.Ct. 819, at 821, 2 L.Ed.2d 848, in which it was held that the undisputed testimony of government witnesses established entrapment as a matter of law.

Wheeler testified that he had known defendant for some months prior to May 13, 1960; that Wheeler had been engaged in the sale of narcotics for some time; that he was getting his narcotics from different sources, some from defendant and some from other sources.

There was evidence that, on May 13, 1960, Wheeler and Agent Jackson went to a gasoline filling station operated by defendant. Wheeler told Jones that he was ready to do business. Jones asked Wheeler how many 'spoons' he wanted, and upon his response that Wheeler would take two, Jones said the price would be $250. Payment was made to Jones by Wheeler. Some time later Jones left the station accompanied by Wheeler. Wheeler and Jones went to Jones' home, where Jones gave Wheeler the 'two spoons' of heroin. Wheeler then went back to the station and met Agent Jackson.

There was evidence that on May 19, 1960, Wheeler and Jackson once again went to the station of defendant. Jones asked them how much 'stuff' they wanted. Jackson told Jones that they would like to get two 'spoons'. Jones then stated that the price for the two 'spoons' would be $260 because it was a little heavier this time. Jackson handed the money to Wheeler who gave it to defendant, who left the station and returned at about 7:00 P.M., walked over to Wheeler's automobile, and tossed two aluminum foil packages of heroin into Wheeler's car between Wheeler and Agent Jackson. Jackson took possession of the packages of heroin.

Prior to June 15, 1960, defendant asked Agent Jackson when he and Wheeler were coming back again for some more 'stuff' and was told they would see him...