United States of America, and v. Delano B. Kelley, And
Opinion
The judgment of conviction in this narcotics case is affirmed.
There was a conviction by a jury on two heroin counts and one on cocaine. If the cocaine count stood alone, Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed. 610, would require a reversal.
As to the heroin counts, there are contentions of inadequate representation of counsel, objections to admission of allegedly hearsay testimony, and now an exception is taken to a jury instruction on possession.
The possession instruction actually was favorable to Kelley. We find that the representation was reasonably competent and not a sham.
The hearsay was admitted for a very limited purpose to show “setting” and *297 the jury was carefully cautioned as to its use. There was no such caution sounded in Sanchez v. United States, 8 Cir., 293 F.2d 260, which appellant heavily relies upon.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff and Appellee, v. Delano B. KELLEY, Defendant and Appellant
- Status
- Published