United States v. Richard Browne

MEDINA, Circuit Judge.

Richard Browne appeals from a judgment of conviction on a two-count indictment for the illegal sale of narcotics, in violation of 21 U.S.C. §§ 173 and 174, after a non-jury trial. The sufficiency of the evidence to sustain the conviction is so plain that we think it not necessary to discuss it in detail.

The principal argument for reversal is based upon certain rulings made after the trial judge suo motu had called as a Court witness a “special employee,” whose identity had been revealed as Richard Henderson. While the trial was in progress, and before both sides had…