J. D. Charles v. United States

On February 18, 1953, in the United States District Court for the District of Hawaii, appellant, J. D. Charles, also known as James D. Charles, and Henry K. Chung were indicted for violating 26 U.S.C.A. § 2553 (a), 53 Stat. 271 , 58 Stat. 721 , which provided: “It shall be unlawful for any person to purchase, sell, dispense, or distribute any of the drugs mentioned in [ 26 U.S.C.A. § 2550 (a), 53 Stat. 269 , 58 Stat. 721 ] except in the original stamped package or from the original stamped package; and the absence of appropriate tax-paid stamps from any of the aforesaid drugs shall be prima facie evidence of a violation of [ 28 U.S.C.A. § 2553 (a), 53 Stat. 271 , 58 Stat. 721 ] by the person in whose possession same may be found; * * *.” The indictment alleged that on or about January 11, 1953, in the City and County of Honolulu, Territory of Hawaii, appellant and Chung “did knowingly, wilfully, unlawfully and feloniously purchase, sell, dispense and distribute a salt, compound and derivative of opium, to wit, two (2) capsules containing heroin which heroin was not then and there in the original stamped package and was not from the original stamped package, in violation of [ 26…