United States v. William D. Morgan

Opinion for the Court filed by Circuit Judge BAZELON.

Concurring opinion filed by Circuit Judge MacKINNON.

BAZELON, Circuit Judge:

Appellant, William Morgan, was found guilty by a jury of possessing phenmetra-zine with intent to distribute in violation of 21 U.S.C. § 841(a) (1970). We agree with his contention that the trial judge erred in excluding certain evidence from the jury.

I

On January 6, 1977, officers of the Metropolitan Police Department obtained a warrant to search for illegal drugs in a single-family dwelling in Northwest Washington, D.C. The warrant was issued upon the affidavit of…