John Michael Williamson v. United States

Appellant seeks reversal of his conviction for violations of 21 U.S.C.A. § 176a. He contends: (1) that the indictment did not allege a violation of law, (2) that the trial court erred in denying his motion for severance, (3) that the court erred in failing to sequester the witnesses, (4) that error occurred in the admission of evidence, and (5) that the closing argument of the prosecutor was improper.

1. Sufficiency of the Indictment. Appellant was named in Counts Three, Four, and Five of a seven-count indictment. Count Three alleged a conspiracy to import marihuana “contrary to law,” to smuggle marihuana into the United States, and to receive, conceal, and sell such marihuana, knowing it to have been imported “contrary to law.” Count Four alleged a sale, and Count Five alleged receipt and concealment, of marihuana known to have been imported “contrary to law.”

Appellant contends that all three counts were defective because each alleged that the marihuana was imported “contrary to law” without specifying the respect in which the importation was illegal and the statute which made it so. Appellant does not suggest that the omitted information was at all relevant to his defense. He…