Lonnit Semiean v. United States

Appellant, now appearing in propria persona, but represented by counsel at his trial and in raising the points relied on on appeal, was indicted February 3, 1960 in Hawaii for failure to pay the transfer tax on fifteen grams of marijuana on October 28, 1959 ( 26 U.S.C. § 4744 ). He was tried and found guilty by a jury on March 8, 1960, Case No. 11441.

This is an appeal from that conviction in No. 11441. Appellant augmented the record on this appeal in two respects:

The first count charged Palmer with failure to pay tax on six hundred grams (two pounds) of marijuana on October 25, 1959 ( 26 U.S.C. § 4744 (a)); the second count charged Palmer with smuggling the same quantity of marijuana on the same date without invoicing for customs (21 U.S.C.A. § 176a); the third count charged Palmer with smuggling eighteen pounds of marijuana on October 25, 1959 (21 U.S.C.A. § 176a); and the fourth count charged Palmer with knowingly transporting and concealing on November 9, 1959, the eighteen pounds of marijuana (21 U.S.C.A. § 176a).

Palmer made a motion to suppress the two pounds of marijuana in Counts I and II. The Government in facing this motion, found it would be required to reveal the…