United States v. Williams

FRANK, Circuit Judge (dissenting in part).

I think we should reverse the conviction on the second count for failure to prove the essential fact, i. e., a “transfer” of marijuana cigarettes on March 8, 1946.1 The purported proof of that transfer consisted solely of the following:

Two federal officers, Reynolds and Mc-Cordic, testified that on March 8 they met an unnamed informer (who did not testify). “Agent Reynolds searched the informer,” and' Agent McCordic “supplied him with $5.00 of official advance funds with instructions to make purchases from the defendant.” The officers then drove the…