Miller v. United States, 4551.
| Decision Date | 29 October 1931 |
| Docket Number | No. 4551.,4551. |
| Citation | 53 F.2d 316 |
| Parties | MILLER v. UNITED STATES. |
| Court | U.S. Court of Appeals — Seventh Circuit |
John E. Molony and William A. Cunnea, Jr., both of Chicago, Ill., for appellant.
George E. Q. Johnson, U. S. Atty., and Mary D. Bailey, Asst. U. S. Atty., both of Chicago, Ill.
Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.
SPARKS, Circuit Judge (after stating the facts as above).
On the evening of October 26, 1930, Officers May and Healy were called to apartment 304 at 343 East Fifty-Fifth street, Chicago. On arriving there they found appellant and Moore and an unknown woman in the apartment. Appellant told the officers that Moore had a "toy" in his possession and requested them to take it from him. Moore denied having it. Appellant told the officers that the "toy." was a little silver box. Upon searching the apartment they found it in a jamb of a door leading to the private hallway, and it contained smoking opium.
Appellant testified that on the night above referred to she left her apartment at 4621½ Sheridan road, took a taxi, and visited certain cabarets, where she consumed a considerable quantity of intoxicating liquor. On leaving the second place she went to the apartment of Moore, a colored man, and from there she, Moore, and another colored man went to a location in the 4700 block on Calumet avenue. Moore left the taxi and entered an apartment, returning with a tin "toy" and four capsules of cocaine. Appellant had previously given Moore $25 to buy the narcotics and furnish the pipe, but had taken back $5. She testified further that in the cab the two colored men sniffed the cocaine and showed her how to do it, and that it made her nose feel funny; that they then returned to Moore's apartment, where he was to furnish a smoking opium pipe; and that they had a dispute over the furnishing of the pipe, and she had her taxi driver call the police.
This statement was made by appellant in the presence of Officers May, Healy, and Middleton, and was verified by the testimony of appellant and Moore. In addition, Moore testified that he had thrown out of the window the "toy" of smoking opium that had been purchased, and that the "toy" found was not the "toy" which had been bought with appellant's money.
Appellant contends that the court erred in not appointing counsel to defend her, and in this she was not accorded a fair trial. The record is silent as to what happened in this connection, and it is not claimed that she made any request of this kind. On the other hand, appellee's brief states that the trial court asked appellant if she wanted counsel, and she said that she did not, that all she wanted was to tell the court what had happened. In appellant's brief these statements are not controverted, but it is admitted that she told the court that all she wanted was to tell the court what had happened.
Owing to the imperfect state of the record before us, and appellant's admission, we are convinced that no error in this connection was committed by the trial court. It is quite evident that something relative to this subject was said at the time of...
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