Richard Yaw, Also Known as Dickyman v. United States

Richard Yaw appeals from a judgment of conviction on the following charge of an indictment against him and other persons: .

The ground of the appeal is that there is no evidence to support the verdict.

It is not contended that Richard Yaw himself was the “transferee” of whom it is charged that he did “acquire and obtain” the cigarettes. The contention is that Richard Yaw “knowingly and fe-loniously aided and abetted” one Peltier in acquiring them. 18 U.S.C. § 2 . It is not questioned that Peltier did acquire them “on or about November 30, 1954” in violation of the statute and the sole question here is whether there is evidence that Richard aided and abetted in Peltier’s acquiring them. Here the charge is not aiding and abetting the “sale” of the ten packages of cigarettes, a separate offense, nor of a “trafficking” in such cigarettes.

There is no testimony whatever that Richard Yaw ever saw or even knew of the existence of Peltier. Richard, a lad of 19 years of age, was the younger brother of Robert Yaw. On September 30, 1954 at about 3 o’clock P.M. one Cho, an undercover police officer, sought to acquire some marihuana cigarettes from Richard. Richard, who did not know Cho was…