United States v. Lee Vernon Smith

The defendant, Lee Vernon Smith, appeals from his jury conviction for possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1970) and 18 U.S.C. § 2 (1970). The sole issue raised on appeal is whether the District Court 1 erred in permitting the defendant’s former wife, Geraldine Smith, 2 to testify against the defendant over his objection. This is the defendant’s second appeal concerning this offense. His first conviction was reversed by this court because of the erroneous admission in evidence of a police detective’s report of a hearsay statement made by the…