David Wilbur Powell v. United States

The appellant was indicted and found guilty of importing into the United States from Mexico, at Nogales, Arizona, approximately one and six-tenths grams of heroin, a narcotic drug, in violation of 21 U.S.C. § 174 .

Upon this appeal it is contended that the evidence was insufficient to show that the exhibit containing the alleged drug was actually found on the person of the defendant when he was arrested following a search at the border; and that there was insufficient evidence to show, assuming the exhibit was taken from the defendant, that its contents was actually a narcotic drug.

We think the proof here was sufficient to sustain the verdict on both these points.

The proof was that during a border search of the appellant as he was entering the United States at Nogales he was required to empty his pockets. He pulled from his pocket a package of cigarettes. The customs inspector noticed folded white papers in among the cigarettes. He found four of these. On weighing and testing, these were found to contain 1.6 grams of heroin hydrochloride, a derivative of opium. The possession and whereabouts of the drug was adequately traced from appellant through the weighing and testing…