Penosi

Appellant was tried by the Court sitting without a jury and convicted op two counts of an indictment charging him and a co-defendant, Louis A. Salerno, with the crime of receiving, concealing and facilitating the transportation of narcotics in violation of 21 U.S.C.A. § 174 , and conspiring to commit that offense in violation of 18 U.S.C.A. § 371 . He was sentenced to imprisonment for three years on each of the two counts and a fine of $1,000 on the substantive count, the sentences of imprisonment to ran concurrently.

Appellant challenges the judgment primarily on the ground that the evidence is insufficient to sustain the judgment. We summarize the pertinent portions of the evidence.

On November 1, 1951, Federal Narcotic Agent Charles Van Natter and a government informer met co-defendant Louis A. Salerno in a bar in Hollywood, California. During the course of their conversation reference was made to narcotics. At Salerno’s request, the three men met again on November 3, 1951, at the same bar and the sale of narcotics was discussed. Salerno told the government men that if they wished to buy 20 ounces of heroin he would send a telegram to New York and have the heroin delivered by…