United States v. Hersh

Appellant Clifford Hersh was tried under a three-count indictment involving two counts of sale of dangerous drugs and one count of conspiracy to sell dangerous drugs. He was found guilty on the conspiracy count, and appeals from the judgment and sentence entered upon the verdict of guilt. There are two main assignments of error on appeal. The first is that the trial court incorrectly denied appellant's Motion to Suppress certain evidence gathered as a result of a search conducted by law enforcement officials on March 6, 1969 at Yountville, Napa County, California. The second is that the appellant was denied a fair trial because of the prosecutor's repeated reference to one Brovko, who did not testify.