George Naval v. United States

On September 30, 1959, in the United States District Court for the Northern District of California, Southern Division, appellant, George Naval, was indicted for violating 21 U.S.C.A. § 174 .

The indictment was in three counts. Count 1 alleged that appellant, on or about August 18, 1959, in San Francisco, California, “did fraudulently and knowingly sell and facilitate the sale of approximately one gram of heroin,” and that “the said heroin had been imported into the United States of America contrary to law as [appellant] then and there well knew.” Counts -2 and 3 were similar to count 1, except that counts 2 and 3 charged offenses committed on or about August 19, 1959, instead of August 18, 1959.

Appellant was arraigned, pleaded not guilty and filed a motion for a bill of particulars. That motion was granted in part and denied in part. Thereafter appellant had a jury trial. At the close of the evidence offered by the Government, appellant moved for a directed verdict. That motion was treated as a motion for a judgment of acquittal and was denied. No evidence was offered by appellant. A verdict was rendered finding appellant guilty on each count of the indictment. Thereafter,…