[DOWNLOAD] "State v. Osburn" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Osburn
- Author : Supreme Court of Kansas
- Release Date : January 20, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The opinion of the court was delivered by Carl Dean Osburn was convicted and now appeals from two narcotic charges. In count one he was charged with the unlawful sale of heroin under K.S.A. 65-2502 and in count two he was charged with conspiracy to unlawfully sell cocaine as such a charge is authorized by K.S.A. 1970 Supp. 21-3302. Osburn was sentenced to a term of three to ten years upon count one and to a term of one to five years upon count two, the terms to run concurrently. Appellant Osburn does not deny his participation in the events which gave rise to the charges but he contends his conduct did not constitute a sale or a conspiracy to sell. He argues that he was a mere middleman or a procuring agent acting on behalf of the purchasers and that he did not sell or conspire to sell the drugs. It should be noted he was not charged and tried for possession of the drugs. There was no essential dispute in the testimony at the trial. The state's principal witness, Richard Jones, was a part-time reserve policeman. He was an undercover agent for the Topeka Police Department, assigned to the vice squad. On this particular case he worked with a police informant, Dan Biddle.