Du Verney v. United States

Appellants, Lawrence P. Du Verney, alias Lawrence Du Verney, and Samuel N. Lewis, alias Cecil Lewis, were indicted in three counts. Count 1 charged that appellants, on or about August 3, 1949, in San Francisco, California, “unlawfully did sell, dispense and distribute, not in or from the original stamped package, a certain quantity of a derivative and preparation of morphine, to-wit, a lot of heroin, in quantity particularly described as one envelope containing a total of approximately 110 grains of heroin.”

Count 2 charged that appellants, at the time and place mentioned in count 1, “fraudulently and knowingly did conceal and facilitate the concealment of a certain quantity of a derivative and preparation of morphine, to-wit, a lot of heroin, in quantity particularly described as one envelope containing a total of approximately 110 grains of heroin,” and that “the said heroin had been imported into the United States of America contrary to law, as [appellants] then and there knew.”

Couht 3 charged that appellants, at a time and place unknown to the grand jury-conspired to commit the offenses charged in counts 1 and 2 and thereafter, on August 3, 1949, in San Francisco,…