United States v. Maurice W. Stevenson

KILEY, Circuit Judge.

A jury convicted defendant Stevenson under an indictment charging violations, on November 30, 1966, of 26 U.S.C. § 4705(a) in Count I, and 21 U.S.C. § 174 in Count II; and on August 18, 1967, of 21 U.S.C. § 174 in Count III. The sentences on the three counts were to be served concurrently. We reverse the convictions and remand for a new trial.

The evidence shows that on November 30, 1966, with the aid of an informant, narcotics agents purchased heroin from defendant. He was not arrested by narcotics agents until August 18, 1967. The arresting agents searched his automobile…