Citations
- 426 F.2d 302
Full opinion text
PER CURIAM:
The judgment of conviction is affirmed.
The points on appeal in this narcotics case concern the sufficiency of the evidence of delivery, the admissibility of evidence of statements of a co-defendant, no conspiracy being charged, and the jury instructions.
The evidence as to delivery was conflicting. The jury was justified in accepting the government’s version. The statements of the co-defendant meet the tests for admissibility as enunciated in Fuentes v. United States, 9 Cir., 283 F. 2d 537.
The jury instructions were never objected to in the trial court. Finding no error in them, we need not consider whether they were plain error.