RICARDO BORROTO, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that an indictment charging narcotics offenses is not defective for failing to identify the purchaser.
Appellant was convicted on six counts of an indictment charging narcotics offenses, including two counts for sales of narcotics.…
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PER CURIAM.
The appellant was convicted on six counts of an indictment charging narcotics offenses. Two counts of the indictment, charging sales of narcotics, were attacked on the ground that the identity of the purchaser was not shown. The district court rejected this contention and we are in agreement with its view. While it has been held that an indictment so drawn is defective1 the majority and, we think, the better rule2 is otherwise.
None of the other specifications of error were preserved for review on appeal although the appellant was represented at the trial by counsel of his own selection. These claims of error are not, singly or in the aggregate, such as call for the application of the plain error rule. No manifest injustice will result from allowing the convictions to stand. The judgment and sentence of the district court are
Affirmed.
. Lauer v. United States, 7th Cir. 1963, 320 F. 2d 187.
. Clay v. United States, 10th Cir. 1963, 326 F. 2d 196; Jackson v. United States, 8th Cir. 1963, 325 F. 2d 477; Taylor v. United States, 8th Cir. 1964, 332 F. 2d 918; Llamas v. United States, D.C.E.D. N.Y.1963, 226 F.Supp. 351, aff. 2nd Cir. 1964, 327 F. 2d 657.
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Citator
Cited By (14 total)
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Barbee v. United States, 392 F.2d 532 (5th Cir. 1968)
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Firo v. United States, 340 F.2d 597 (5th Cir. 1965)
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Snowden v. United States, 384 F.2d 357 (5th Cir. 1967)
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lauer v. United States, 320 F.2d 187 (7th Cir. 1963)
- Todd v. The Peninsular & Occidental S.S. Co., 326 F.2d 196 (5th Cir. 1963)
- Jackson v. United States, 325 F.2d 477 (8th Cir. 1963)
- Taylor v. United States, 332 F.2d 918 (8th Cir. 1964)
- United States v. Llamas, 327 F.2d 657 (2d Cir. 1964)