James Boyd Brown v. United States

Appellant was found guilty on each of five counts of an indictment. Count One charged that appellant and one Hollins conspired to violate Title 21 U.S.C.A. § 174 .

Count Two charged that on March 4, 1953, appellant sold one ounce, 324 grains of heroin in violation of Title 21 U.S.C.A. § 174 .

Count Three charged that on March 13, 1953, appellant and Hollins sold one ounce, 440 grains of heroin in violation of Title 21 U.S.C.A. § 174 .

Count Four charged that on March 4, 1953, appellant received, concealed and facilitated the transportation of one ounce, 324 gráins of heroin in violation of Title 21 U.S.C.A. § 174 .

Count Five charged that on March 13, 1953, appellant and Hollins received, concealed, and facilitated the transportation of one ounce, 440 grains of heroin in violation of Title 21 U.S.C.A. § 174 .

Appellant received concurrent sentences of five years and a fine of $250.00 on on each of the above counts.

On appeal, this court reversed the judgment and returned the cause to the court below for retrial because of certain remarks made by the trial judge in presence of the jury. At the second trial, Count One (charging conspiracy) was deleted and appellant was found…