U.S. Court of Appeals for the D.C. Circuit, 1959

William H. Tart v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided April 20, 1959 · Bastian, Danaher, Fahy, Per Curiam

263 F.2d 272 (Federal Reporter, Second Series)

Counsel

Mr. John A. Shorter, Jr., (appointed by this court), Washington, D. C., for appellant., Mr. Edward C. O’Connell, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appel-lee.

Opinion

PER CURIAM.

This appeal is from a judgment of conviction for violation of the narcotic laws, 26 U.S.C. § 4744(a) (Supp. V, 1958). The appeal questions the admissibility in evidence of certain articles claimed to have been procured in an unlawful manner by a member of the Metropolitan Police Department. Upon consideration of uncontradicted testimony as to the relevant circumstances we conclude that the articles in question were not obtained by means of any unlawful conduct on the part of the officer.

Affirmed.

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