Thomas Ambrose v. United States

On April 15,1959, in the United States District Court for the Southern District of California, Central Division, appellant (Thomas Ambrose), Robert Hugh Poole and Junius Ambrose were indicted for violating 21 U.S.C.A. § 174 . The indictment was in three counts. We are here concerned only with counts 2 and 3.

Count 2 alleged that on or about December 29, 1958, in Los Angeles County, California, appellant and Poole and Junius Ambrose “knowingly and unlawfully sold and facilitated the sale to Francis Jones of 286 grains of heroin, a narcotic drug, which, as [appellant and Poole and Junius Ambrose] then and there well knew, had been imported into the United States of America contrary to [ 21 U.S.C.A. § 173 ].”

Count 3 alleged that on or about December 29, 1958, in Los Angeles County, California, appellant and Poole “knowingly and unlawfully received, concealed, transported and facilitated the concealment and transportation of 286 grains of heroin, a narcotic drug, which, as [appellant and Poole] then and there well knew, had been imported into the United States of America contrary to [21 U.S. C.A. § 173].”

On motion of the Government, the indictment was dismissed as to Junius…