Sylvester Howard v. United States

BAZELON, Circuit Judge.

The record on this appeal from a conviction for violations of the narcotics laws reflects palpable error which seriously obstructed the defense and therefore requires a new trial.

The indictment was based upon two alleged sales of heroin to Officer Trouble-field of the Metropolitan Police Department. At trial, Troublefield testified that the second transaction took place at approximately 11:45 p. to., on May 28, 1958. Appellant’s counsel attempted to impeach this testimony by showing that, when the officer appeared before the United States commissioner at the preliminary…