United States v. John G. Dudley

The defendant appeals from a judgment of Judge Weinfeld, sitting without a jury, convicting him of unlawfully receiving and selling 398 grains of heroin (21 U.S.C.A. §§ 173, 174). Two questions are raised on this appeal: (1) that the evidence as “a matter of law” was not convincing beyond a reasonable doubt; and (2) that one of judge Wein-feld’s two findings is inconsistent with the other. The evidence was the testimony of two witnesses, Latta and Lu-bert, government agents. Latta swore that he went with a woman to an apartment in Manhattan where the woman introduced him to the accused. After…