Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/61

 heroin. Johnny paid Toy $600 for each piece. On three other occasions Wong Sun and Toy went to Johnny's without bringing heroin, and smoked heroin there and obtained some for themselves.

"About" four days before the arrest—i.e., on May 31, with post-midnight events occurring on June 1—Toy gave Wong Sun $450 and, after the latter obtained the heroin, Toy phoned Johnny, and Toy and Wong Sun drove to Johnny's house at about midnight and Toy gave the heroin to Johnny in a rubber contraceptive enclosed in a small brown bag.

On the night before the arrest, before 11 p.m., Toy phoned Johnny, and the two went to Johnny's to smoke heroin for half an hour. They also obtained one "paper" for their own use later.

2. Upon the basis of further substantial evidence at the trial, both the trial judge, as trier of the fact, and the court of appeals below were clearly entitled to conclude that this confession was no mere fantasy or aberration and was properly to be weighed as evidence. The critical portion of the confession—the statement that Wong Sun transported an ounce of heroin from his source of supply to Toy on the night of May 31, 1959, and that he and Toy then transported the heroin to Yee at Yee's house at about midnight—is firmly substantiated by the discovery of 27 grams of heroin at Yee's house on the morning of June 4. That possession was attested in the separate testimony of Agent Nickoloff and by actual production of the heroin in court. No effort was made by petitioners at the trial to ascribe the heroin to any other source.