U.S. Ex Rel. August R. Gueldner v. Louis E. Heyd, Jr., Sheriff, Orleans Parish Prison

This is an appeal from the denial of a state prisoner’s petition for a writ of habeas corpus. 1

Appellant and others were charged with possessing and selling marijuana on the date of May 21, 1965. In his opening statement to the jury the prosecutor referred to evidence of a subsequent sale of marijuana and heroin to a different undercover agent, occurring on May 28, 1965, which the prosecution intended to introduce to prove knowledge and intent. The evidence was later offered and received. Appellant contends that although such evidence would be admissible in rebuttal if defendant offered the…