The opinion of the court was delivered by: MCCUNE
The defendant was tried and found guilty by a jury in November of 1972 of both counts of an indictment which charged in count No. 1 that defendant knowingly and intentionally distributed approximately 10.5 grams of heroin on October 15, 1971, and in count No. 2 that he distributed 18.4 grams of heroin on October 26, 1971, both offenses being in violation of Section 841(a)(1) of Title 21, U.S. Code and Section 2 of Title 18. The defense was entrapment.
A motion for new trial has been filed assigning as error the following:
(a) That our instructions to the jury on the issue of entrapment were improper.
(b) That our refusal to order the government to bring a confidential informant from St. Louis during the trial was error and it was error to refuse to require the government to identify the informant before trial and disclose his address.
(c) That it was error to refuse to question the jury during the trial whether they had heard any comments of counsel or the court made at side bar during the trial.
(d) That we erred in permitting certain evidence to be introduced which is merely referred to in defendant's brief as evidence that defendant owned a car, a home and other property.
(e) That we erred in refusing to permit defendant to treat government agents as hostile witnesses.
We have carefully reviewed the record and find no merit in the allegations of error. It was proven beyond a reasonable doubt in our view that defendant made the two sales of heroin to an undercover agent of the government and that he did so to make a profit and that he was not entrapped.
The agent, Robert Moffett, of the Bureau of Narcotics and Dangerous Drugs, was introduced to defendant by a so called informant who was known to the defendant. (See pp. 101 and 102). The agent bought heroin from defendant on two occasions.
On the second occasion the same men went to defendant's home where Mrs. Meade was present and after preparation and packaging the heroin was sold in the home. The price was $650.00 for the half-ounce (first sale) and $1300.00 for the full ounce (second sale). The heroin was of such quality that it could be diluted greatly before being injected.
Although the defendant knew the name of the informant we required the government during the presentation of its case in chief to confirm the identity of the informant by name but refused to permit the jury to hear the name due to the statement of the United ...