Adams v. United States, 15091.
| Decision Date | 25 March 1955 |
| Docket Number | No. 15091.,15091. |
| Citation | 220 F.2d 297 |
| Parties | Mildred Juanita ADAMS v. UNITED STATES of America. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Charles W. Tessmer, Dallas, Tex., for appellant.
William O. Braecklein, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.
Before BORAH, RIVES and TUTTLE, Circuit Judges.
Appellant was convicted on two counts of selling heroin in violation of 21 U.S. C.A. § 174, on evidence which may be summarized as follows: McKinney, a Government informer, drug addict, and confidence man with a record of several convictions, testified that he met appellant about October 1, 1953, at Dallas, Texas, through a mutual friend and fellow addict whom he had met at the Fort Worth U. S. Public Health Hospital. On the occasion of his meeting with appellant, they and several others took some heroin in McKinney's apartment, according to his testimony. He saw her again on October 15, at her apartment, at which time she said she would try to see her "connection" that evening to obtain heroin. McKinney said he conveyed this information to Federal Narcotics Agent Taylor, who searched him and gave him $50, and watched appellant pick him up in her car. McKinney said she delivered ten capsules to him later that evening in exchange for the $50. The following day McKinney saw her again and gave her some opium; that evening she lent him two capsules of heroin and said she was going back for more heroin the next night. A meeting was arranged between the two. Taylor advanced McKinney $40 after searching him. Appellant picked up McKinney, drove to the same street corner as before, left the car, and returned with eight capsules of heroin, six of which she gave him for the $40. McKinney testified that appellant never took more than $5 a capsule, which he knew to be the standard price in Dallas; that he did not know whether she made a profit; but that she had stated that "the more she buys from this connection the stronger the percentage is."
Narcotics Agents Taylor and Finley testified that they had advanced money to McKinney to buy the heroin, and kept both McKinney and the appellant under surveillance on the occasion of the second transaction. A Government chemist identified the substance in the capsules as containing heroin.
The appellant herself took the stand and testified that she had a record of numerous arrests for vagrancy, one conviction for possession of narcotics, and a conviction of violating the Mann Act, 18 U.S.C.A. § 2421 et seq. She said she met McKinney on September 7, 1953, at her apartment; that he told her he could not get along on opium and asked her to buy some heroin for him; that he said he was broke but had two addict friends who would give him part of the narcotics he obtained if he could arrange for their supply; that she bought heroin for him on October 14 for $70 and more on October 16 for $40. She explained that she purchased the narcotics for McKinney because the doctor's office where he obtained opium was closed and he had no place to buy narcotics in Dallas....
To continue reading
Request your trial
-
Jackson v. United States
...ground that he actually made the sale as an agent for White, claiming that he thereby had an affirmative defense under Adams v. United States, 5 Cir., 220 F.2d 297 (1955), and Henderson v. United States, 5 Cir., 261 F.2d 909 (1959). He gave the following "Q On or about November 11, 1961, te......
-
State v. Allen
...70; United States v. Sawyer, 3 Cir., 1954, 210 F.2d 169; United States v. Sizer, 4 Cir., 1961, 292 F.2d 596 (dictum); Adams v. United States, 5 Cir., 1955, 220 F.2d 297; Myers v. United States, 8 Cir., 1964, 337 F.2d 22 (dictum); Vasquez v. United States, 9 Cir., 1961, 290 F.2d 897 (dictum)......
-
State v. Brown
...he was not guilty of any offense, neither was she,' citing United States v. Sawyer, 210 F.2d 169 (C.A. 3d) and Adams v. United States, 220 F.2d 297 (C.A. 5th), both cases where the defendant was convicted only of selling heroin. See also United States v. Prince, 264 F.2d 850 (C.A. 3d). In C......
-
State v. Latina
...F.2d 596; Vasquez v. United States (C.A.9, 1961), 290 F.2d 897; Kelley v. United States (C.A.D.C.1960), 275 F.2d 10; Adams v. United States (C.A.5, 1955), 220 F.2d 297; United States v. Sawyer (C.A.3, 1954), 210 F.2d 169. Other states have rejected the defense. See State v. Matson (Wash.197......