United States v. Otis Sears

PARKINSON, Circuit Judge.

Defendant-appellant Otis Sears was charged in a three-count indictment with violations of the narcotic laws, Title 26 U.S.C.A. §§ 2553(a) and 2554(a) and Title 21 U.S.C.A. § 174, respectively. He entered a plea of not guilty, waived a jury and was tried to the court.

There was no request for the court to find the facts specially pursuant to Rule 23(c) of the Federal Rules of Criminal Procedure, 18 U.S.C.A. However, the District Court, at the conclusion of the evidence, made extemporaneous oral findings which were, to some extent, inconsistent and concluded with a…