William M. Miller v. United States

The defendant, William Matthew Miller, was tried before a jury and convicted under three counts of an indictment charging various violations of the narcotics laws, all arising out of a single sale of heroin. He was sentenced to ten years’ imprisonment on each count, the sentences to run concurrently. The circumstances of the present ease refute any suggestion that the sentence was greater than it would have been on a single count, or that defendant was prejudiced by a trial on multiple counts. We therefore confine our examination to the conviction under the count charging a violation of 21 U.S.C.A. § 174 .

That count of the indictment alleged that on May 11, 1960, at Seattle, Wash ington, defendant and Vernon D. Smith received, concealed, sold and facilitated the transportation, concealment, and sale of 470 milligrams of heroin, “knowing the same to have been imported into the United States contrary to law.” In lieu of proof that defendant had the requisite knowledge of illegal importation, the government relied upon the statutory presumption of guilt arising from unexplained possession of the heroin by the defendant. The sole question presented is the sufficiency of the…