Ervin Simmons v. United States

FAIRCHILD, Circuit Judge.

This appeal involves a retroactive application of the Bruton rule.2 Appellant Simmons’ 1964 trial, for possession and sale of heroin, began as a joint trial with codefendant Troy Smith. The government introduced testimony that Smith, after arrest, had admitted *891the transaction between himself and an undercover agent, but said he had given the agent’s money to Simmons and received from Simmons the narcotics which Smith asked Donaldson to hand to the agent. The court promptly instructed the jury that it must disregard the statement so far as Simmons was concerned. The…