Joe Anthony Emmett v. United States

This is an appeal from an order denying a motion to vacate a sentence, made by Emmett under 28 U.S.C.A. § 2255. Emmett was tried, convicted and sentenced to imprisonment for a term of five years on three counts of an indictment, each charging a violation of the Marihuana Tax Act, 26 U.S.C.A. §§ 4741-4744, inclusive.

During the trial, counsel for the United States called as a Government witness the lieutenant in charge of the Bureau of Identification of the Police Department of the City and County of Denver and asked him if he had certain records. When the lieutenant responded that he had such…