Anthouy Coppola and Karl M. Noble v. United States

Appellants, Anthony Coppola and Karl M. Noble, were indicted in two counts, were arraigned, pleaded not guilty, had a jury trial, were convicted on both counts, were sentenced and have appealed. Questions presented are (1) whether the indictment charged an offense against the United States, (2) whether the evidence was sufficient to sustain appellants’ conviction and i(3) whether the District Court erred in admitting certain evidence.

I

Count 1 of the indictment allege^ that on or about February 2, 1952, in Maricopa County, Arizona, appellants “did then and there knowingly, unlaw.fully, wilfully and feloniously dispense and distribute to one R. S. Cantu, a certain derivative of cocoa leaves, to-wit, approximately y8 grain of cocaine, which said cocaine was not then and there in nor from the original stamped package containing said cocaine.” Thus count 1 charged an offense against the United States, namely, a violation of 26 U.S. C.A. § 2553(a), 53 Stat. 271 , 58 Stat; 721.

Count 2 of the indictment alleged that on or about February 2, 1952, in Mari-copa County, Arizona, appellants “did unlawfully, fraudulently and feloniously distribute and give away to one R; S. Cantu a…