U.S. Supreme Court CASEY v. U.S., 276 U.S. 413 (1928)

[Page 276 U.S. 413, 424]

officers' unauthorized and unjustifiable conduct. [Footnote 1] Compare Gambino v. United States, , 48 S. Ct. 137.

[Page 276 U.S. 413, 429]

There is no evidence in the record that reasonably tends to show that defendant purchased the 3.4 grains of morphine or that, when purchased, it was not in or taken from the original stamped package.

I am of opinion that the judgment should be reversed. Footnotes

Footnote 1 United States v. Adams (D. C.) 59 F. 674; Woo Wai v. United States ( C. C. A.) 223 F. 412; Sam Yick v. United States (C. C. A.) 240 F. 60, 65; Voves v. United States (C. C. A.) 249 F. 191; Peterson v. United States (C. C. A.) 255 F. 433; United States v. Lynch (D. C.) 256 F. 983; Butts v. United States (C. C. A.) 273 F. 35, 18 A. L. R. 143; United States v. Certain Quantities, etc. (D. C.) 290 F. 824; Newman v. United States (C. C. A.) 299 F. 128; Capuano v. United States (C. C. A.) 9 F.(2d) 41; Silk v. United States (C. C. A.) 16 F. (2d) 568; Jarl v. United States (C. C. A.) 19 F.(2d) 891; Cline v. United States (C. C. A.) 20 F.(2d) 494. See, also, Di Salvo v. United States (C. C. A.) 2 F. (2d) 222; United States v. Washington (D. C.) 20 F.(2d) 160, 162. Compare Blaikie v. Linton, 18 Scot. L. R. 583.