Vase Calvin Valrie v. United States

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

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 16, 1966
• Docket: 17570
• Status: 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. 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.