Henry Dennis Stamps v. United States
Opinion
Opinion
Carter, J.
Following trial to a jury, the appellant was convicted on all counts of a four count indictment. Counts I and II charged a violation of 21 U.S.C. § 174 , in that, on or about the 28th day of October 1965, and on or about the 8th day of December 1965, appellant wilfully and knowingly did receive, conceal, sell and facilitate the transportation, concealment and sale of a narcotic drug commonly known as heroin, which he then knew had been imported and brought into the United States contrary to law.
Count III charged a violation of the same section in that on or about the 3rd day of March 1966, appellant wilfully and knowingly did receive, conceal and facilitate the concealment of heroin which the appellant then and there well knew had been imported and brought into the United States contrary to law.
Count IV charged a violation of 18 U.S.C. § 111 , in that the appellant wil-fully and forcibly did assault an agent of the Bureau of Narcotics, knowing him to be a Federal officer, while he was engaged in the performance of his official duties.
Following conviction, and prior to sentence, appellant moved the district court to enter orders vacating the jury verdict, arrest judgment…