Raymond Smith v. United States

DANAHER, Circuit Judge, with whom WILBUR K. MILLER, WASHINGTON, BASTIAN, BURGER and McGOWAN, Circuit Judges,

join:

By indictment filed in open court November 13, 1961, this appellant was charged with two narcotics violations,1 both counts essentially involving possession of the same 41 capsules which contained heroin. On November 17, 1961 he entered a plea of not guilty. Counsel was appointed to represent him. Trial commenced on April 16, 1962,2 and the following day, a jury returned a verdict of guilty as indicted. On this appeal it has been argued that: (a) the trial judge erroneously…