John Robert Claypole and Duane Robert Larson v. United States

On March 4, 1959, John Robert Clay-pole, Robert Lawrence Shapiro, Duane Robert Larson and others were indicted in the United States District Court for the Southern District of California, Central Division. The indictment was in six counts. We are here concerned only with counts 3, 4 and 6.

Count 3 alleged, in substance, that on or about November 24, 1958, in Los Angeles County, California, Claypole transferred to John A. Gjertsen and Michael Gullon 6 pounds and 4 ounces of marihuana not in pursuance of a written order of Gjertsen and Gullon on a form issued in blank for that purpose by the Secretary of the Treasury or his delegate. Count 4 alleged, in substance, that on or about November 25, 1958, in Los Angeles County, California, Claypole and Shapiro transferred to Gjertsen and Gullon 11 pounds and 6 ounces of marihuana not in pursuance of a written order of Gjertsen and Gullon on a form issued in blank for that purpose by the Secretary of the Treasury or his delegate. Thus each of counts 3 and .4 charged a violation of 26 U.S.C.A. § 4742 (a).

Count 6 alleged, in substance, that on or about December 9, 1958, in Los An-geles County, California, Larson, with intent to defraud…