United States v. James Edward Payton

FEINBERG, Circuit Judge:

Appellant James Edward Payton was charged below with selling cocaine on two occasions in October 1963 in violation of 26 U.S.C. §§ 4705(a), 7237(b). After a trial without a jury, Judge Murphy found appellant guilty on both counts of the indictment. On appeal, Payton claims that (1) his prearraignment statement should not have been received into evidence and (2) the indictment should have been dismissed because the grand jury was not told it was hearing hearsay evidence. For reasons given below, we affirm.

Since no claim is made of failure of proof, we need recount the…