United States v. Frank Barney

SWYGERT, Circuit Judge.

The defendant, Frank Barney, appeals from a judgment of conviction entered upon a jury verdict of guilty on all four counts of an indictment charging him with the unlawful possession and sale of heroin on August 26,1964 and September 2, 1964, in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4705(a). The defendant was sentenced to a term of eight years’ imprisonment.

The defendant first challenges the sufficiency of the evidence. Taken in the light most favorable to the Government, the evidence discloses the following. On August 26, 1964, Donald Tucker, an agent for the…