Leroy Jefferson v. United States

Before us is an appeal from a judgment of conviction for violation of the narcotic laws. The indictment is in five counts. Count One charged appellant and one Nolen, and unindicted co-conspirators Juanita Smith, Fred D. Berry and Constance M. Hamlett, with conspiracy to receive, conceal, and facilitate the concealment of cocaine, in violation of 21 U.S.C.A. § 174 . Count Two charged one Er-wing with selling and facilitating the sale of approximately one teaspoon of cocaine to appellant on or about December 30, 1958. Count Three charged one Erwing with selling and facilitating the sale of approximately one-half teaspoon of cocaine to Juanita Smith on or about pecember 31, 1958. Count Four charged appellant and one Nolen with receiving and concealing approximately one teaspoon of cocaine on or about December 30, 1958. Count Five charged appellant and one Nolen with receiving and concealing approximately one-half teaspoon of cocaine on or about December 31, 1958.

Following a jury trial, appellant was convicted of the offenses set forth in Counts One, Four and Five. Nolen was acquitted of the conspiracy set forth in Count One and convicted of the offenses set forth in Counts Four and…