Vase Calvin Valrie v. United States

Ninth Circuit

Vase Calvin Valrie v. United States

366 F.2d 187, 1966 U.S. App. LEXIS 4951

Court of Appeals for the Ninth Circuit·Decided September 16, 1966·No. 17570·Published

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

The points on telephone eavesdropping are controlled by Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944; Wilson v. United States, 9 Cir., 316 F.2d 212; and McClure v. United States, 9 Cir., 332 F.2d 19, cert. den., 380 U.S. 945, 85 S.Ct. 1027, 13 L.Ed. 2d 963; Cf. Rathbun v. United States, 355 U.S. 107, 78 S.Ct. 161, 2 L.Ed.2d 134.

We find the evidence sufficient in this narcotics case to sustain a conviction. *188 It is true the case was not airtight and a court, within the limits of intellectual honesty, might have found Valrie not guilty. But on the facts here, it had a right to find guilty beyond a reasonable doubt. This it did.

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PER CURIAM:

The judgment of conviction is affirmed.

The points on telephone eavesdropping are controlled by Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944; Wilson v. United States, 9 Cir., 316 F.2d 212; and McClure v. United States, 9 Cir., 332 F.2d 19, cert. den., 380 U.S. 945, 85 S.Ct. 1027, 13 L.Ed. 2d 963; Cf. Rathbun v. United States, 355 U.S. 107, 78 S.Ct. 161, 2 L.Ed.2d 134.

We find the evidence sufficient in this narcotics case to sustain a conviction. *188 It is true the case was not airtight and a court, within the limits of intellectual honesty, might have found Valrie not guilty. But on the facts here, it had a right to find guilty beyond a reasonable doubt. This it did.

Vase Calvin Valrie v. United States, 366 F.2d 187, 1966 U.S. App. LEXIS 4951 (9th Cir. 1966).

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Opinion

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