Wall v. United States, 6578.
| Decision Date | 27 June 1933 |
| Docket Number | No. 6578.,6578. |
| Citation | 65 F.2d 993 |
| Parties | WALL v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
W. B. Dickenson and Thomas Palmer, both of Tampa, Fla., for appellant.
W. P. Hughes, U. S. Atty., of Jacksonville, Fla.
Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.
Appellant, Charles Wall, George Zarata, Michael Gullo, and two unknown persons, designated as John Doe and Richard Roe, were charged with conspiring to unlawfully purchase, sell, dispense, and distribute morphine and cocaine in violation of the Harrison Narcotic Act and the Tariff Acts. The government obtained a severance as to Gullo and the unknowns. Wall and Zarata were put on trial and convicted. Only Wall has appealed. There are a number of assignments of error running to the refusal of the trial court to charge on the question of entrapment.
There was sufficient evidence tending to show the existence of a conspiracy between Zarata, Gullo, and the two unknown persons to unlawfully deal in narcotics, but there was nothing to connect appellant with this conspiracy, except the following:
A woman known as Isabel Knowles, who was employed as an informer and paid for her services by the government, and one Maurice Helbrandt, a government narcotic agent, went to Tampa, Fla., on January 20, 1928, registered at a hotel as Mr. and Mrs. B. Sims and occupied the same room. The woman had known appellant for a number of years and had lived with him as his mistress, off and on, for four or five years. She was a drug addict. As soon as the couple arrived at Tampa she began telephoning to various places trying to get in touch with appellant, finally succeeded, and induced him to call at her room in the hotel the next day where she introduced him to Helbrandt as Sims, her new husband, and a drug addict. As a result of this interview, appellant gave her a note to Zarata, which was as follows: He also gave her a list of three addresses where Zarata might possibly be found. With this introduction, the couple obtained three ounces of morphine through Zarata on January 21. In regard to this transaction, appellant testified, in substance, that he knew Isabel Knowles had been a drug addict for two or three years and was aware that she was in Tampa and had been trying to get in touch with him; that...
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