United States v. Oliver Smith

HAND, Circuit Judge.

This appeal is from a judgment convicting the defendant, Smith, of selling a parcel of heroin on April 28, 1959. The evidence for the prosecution was in substance as follows. On April 23, 1959, Avant, an agent of the Bureau of Narcotics, entered the “Dunbar Bar” in New York in company with one, Mack, who is described as a “special employee of the bureau.” While there, Smith entered and had a talk with Mack out of the hearing of Avant. After Mack’s return he told Avant that Smith had told him that he would sell narcotics to Avant but only through Mack as an intermediary,…