Charles E. Toliver v. United States

This appeal raises two principle questions: First, one of identity of offenses, whether appellant could properly be convicted for both the violation of the narcotic laws of the United States, and conspiring to violate the narcotic laws of the United States; and Second, whether sufficient evidence was introduced by the government to sustain the conviction under counts Three and Four of the indictment.

Appellant, Charles C. Toliver, was indicted on November 18, 1953, for the violation of the narcotic laws of the United States, and for conspiring to violate such laws. The first eount charged appellant with violation of the Harrison Narcotic Act, Title 26 U.S.C.A., §§ 2553 and 2557, alleged to have been committed March 7, 1953; the second count was dismissed at the conclusion of the government’s case and thus does not concern us here; the third and fourth counts charged appellant with violations of the Harrison Narcotic Act, Title 26 U.S.C.A. §§ 2553 and 2557 and the Jones-Miller Act, Title 21 U.S.C.A. § 174 , respectively, alleged to have been committed “on or about the 18th day of January 1952;” the fifth and final count charged appellant with conspiring to violate the narcotic…