David Browning v. United States

David Browning, appellant herein, was charged in an indictment filed by the grand jury on July 15,1964, in the United States District Court for the Northern District of California, Southern Division, with two violations of law. In Count 1, appellant along with a co-defendant named Lewis was charged under 18 U.S.C. § 371 with conspiring to violate two federal laws: one prohibiting the sale, transportation and concealment of marihuana, 21 U.S.C. § 176a; and the other prohibiting the transferring of marihuana not pursuant to a written order form supplied by the Secretary of the Treasury, 26 U.S.C. § 4742 (a). In Count 2, appellant was charged with concealing and facilitating the concealment of approximately 19 pounds of marihuana in violation of 21 U.S.C. § 176a. He waived a jury trial with the consent of the court and his counsel, and was tried before the court without a jury. He was convicted on both counts, received concurrent sentences on said convictions and filed a timely appeal in this court. The district court had jurisdiction under 21 U.S.C. § 176a and 18 U.S.C. § 3231 . We have jurisdiction under 28 U.S.C. § 1291 et seq.

Although the brief filed by appellant’s counsel in…