United States v. Lee Vernon Smith

STEPHENSON, Circuit Judge.

The principal issue raised on this appeal is whether the trial court erred in admitting a hearsay statement of an alleged co-conspirator made after the termination of the conspiracy and not in furtherance thereof. We reverse.

Appellant Smith was convicted by a jury verdict of guilt on three counts involving possession with intent to distribute heroin. Count I charged that appellant and Geraldine Smith on December 2, 1973 possessed with intent to distribute approximately 120 grams of heroin. 1 Count III charged the defendants with conspiracy to distribute the same 120…