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United States v. Ginsburg.

April 27, 1938

UNITED STATES
v.
GINSBURG.



Appeal from the District Court of the United States for the Northern District of Illinois, Eastern Division; John P. Barnes, Judge.

Author: Sparks

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

SPARKS, Circuit Judge.

Appellant was charged by Grand Jury indictment with violation of the Federal Narcotic Acts. The indictment was in ten counts. The first five counts respectively charged appellant with having sold to James McGovern, at different times, in September and October, 1937, separate amounts of certain narcotics, in violation of section 2 of the Harrison Anti-Narcotic Act, 26 U.S.C.A. § 1044(a). The fifth count charged the sale of 10 grains of heroin hydrochloride on October 6, 1937,the remaining five counts charged that appellant fraudulently and knowingly received, concealed, bought, sold and facilitated the transportation and concealment, after importation of, the identical narcotics respectively mentioned in the first five counts, on the respective dates therein mentioned, in violation of section 2 of the Narcotic Drugs Import and Export Act, as amended, 21 U.S.C.A. § 174. The jury found appellant guilty as charged in counts five and ten, and found him not guilty as charged in the other counts. Motions for a new trial and in arrest of judgment were overruled. Judgment of guilty was rendered in conformity with the verdict, and he was sentenced to prison for three years and fined $2,000 on each of the two counts upon which he was found guilty, with a concurrent running of the penalty both as to fine and imprisonment.

It is contended by appellant that the court erred in not granting his motion to withdraw a juror and declare a mistrial for the misconduct of the District Attorney in propounding certain questions to witnesses, which questions he claims were of a prejudicial nature.

The charge was supported by the testimony of Government narcotic agents and James McGovern, an informer who was and had been a drug addict for fifteen or twenty years last past. McGovern testified that he met appellant through a man named Wolfe, whereupon the following testimony was elicited by the District Attorney, together with appellant's objections, and the court's rulings thereon:

"Q. What was Wolfe's business, if you know?

"A. Well he is such a man as myself; he don't amount to much and probably was trying to make something of himself.

"Mr. Golan: I object to that, and move that it be stricken out, your Honor.

"Q. Was he an addict?

"A.Yes.

"The Court: Let it stand.

"Q. Did he introduce you to Dr. ...


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