Narberto Angelo Portomene v. United States

HUTCHESON, Chief Judge.

Appellant, charged in an indictment in two counts with unlawfully selling, dispensing, and distributing heroin on February 18th and February 20, 1953, in violation of the Harrison Anti-Narcotic Act, 26 U.S.C. § 2553(a), was convicted and sentenced on each count to serve three years, the sentences to run concurrently.

Appealing from that judgment, he is here presenting three grounds of error. The first of these is that, under the circumstances of this case, showing that the so-called informer had not merely given information to the officers but was the instrument they had…