Richard Lee Collins v. T. Wade Markley, Warden, United States Penitentiary, Terre Haute, Indiana

DUFFY, Circuit Judge.

By complaint dated April 12, 1961, petitioner was charged with the unlawful sale, on or about September 15, 1960, of three grams, 140 milligrams of heroin hydrochloride not in pursuance of a written order of the person to whom said heroin was sold, on a form issued in blank for that purpose by the Secretary of the Treasury or his delegate. The complaint disclosed that such sale was made to Clarence Cook, a federal narcotics agent.

Petitioner requested a preliminary hearing. On April 13, 1961, a probable cause hearing was held before a United States Commissioner. The only…