United States v. Marks

MOSCOWITZ, District Judge.

By consent these five cases, in which the defendants were charged with the illegal possession of heroin, were tried together by the Court, a jury trial having been waived.

The defendants were arrested by the State Police. Upon searching the persons and automobile of the defendants one package was found in the trousers of the defendant Cole, one was in defendant Monahan’s brief case, and one was found by the roadside by Officer Baylis where he had arrested the defendants. Officer Baylis testified that, as to the fourth package, McCarthy admitted that he hid it under…