Sam Blassingame v. United States

Good Law
254 F.2d 309·1958 U.S. App. LEXIS 4003
United States Court of Appeals for the Ninth CircuitApril 15, 195815430_1California749 words

Opinion

Opinion

Bone, J.

Appellant appeals from his conviction on two counts of a four count indictment charging violation of the Federal Narcotic Laws, 21 U.S.C.A. § 174 , 26 U.S.C.A. § 4704 (a), and 26 U.S.C.A. § 4705 (a).

Counts I and II of the indictment charged appellant with the knowing, willful and unlawful concealment and sale of a certain quantity of narcotic drugs (heroin hydrochloride) on or about May 29, 1956 at Seattle, Washington. Upon these two counts appellant was found not guilty by the jury.

Count III of the indictment charged “That on or about June 19, 1956 at Seattle * * * [appellant] did knowingly, willfully and unlawfully receive and conceal a quantity of narcotic drugs, to wit, * * * heroin hydrochloride, knowing the said heroin hydrochloride to have been imported contrary to law.” Count IV charged “That on or about June 19, 1956, at Seattle, * * * [appellant] did knowingly, willfully and unlawfully dispense and distribute a quantity of narcotic drugs, to wit, * * * heroin hydrochloride, said heroin hydrochloride being neither in nor from the original stamped package and not bearing appropriate tax paid revenue stamps.” The jury found appellant guilty as charged on Counts III and…

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