Simpson

An information was filed against appellant, Leona Simpson, under §§ 2 and 20 of the Alaska Uniform Narcotic Drug Act, A.C.L.A.1949, §§ 40-3-2 and 40-3-20. Section 2 of the Act, A.C.L.A.1949, § 40-3-2, provides: “It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this Act.” Section 20 of the Act; A.C.L.A.1949, § 40-3-20, provides: “Any person violating any provision of this Act shall upon first conviction be punished, for the first offense, by a fine not exceeding Five Thousand ($5,000.00) Dollars, or by imprisonment in the penitentiary not exceeding five years, or by both such fine and imprisonment, and for -any subsequent offense, by fine not exceeding Ten Thousand ($10,000.00) Dollars, or by imprisonment in the penitentiary not less than two years nor more than ten years, or by both such fine and imprisonment.”

The information charged that on February 10, 1951, in Fairbanks Precinct, Fourth Judicial Division, Territory of Alaska, ‘appellant “feloniously possessed and had under her control a narcotic drug, to-wit, heroin.” Appellant, after being advised…