Allen Levair Jordan and Alvina Lajan Johnson v. United States

The appellant Jordan has appealed from a judgment convicting him on five counts of violating Title 21 U.S.C. § 174 , convicting him on two counts of violating Title 26 U.S.C. § 4705 (a) , and convicting him on one count of violating Title 21 U.S.C, § 176a .

Appellant Johnson has appealed from a judgment convicting her on two counts of violating Title 21 U.S.C. § 174 , and convicting her on one count of violating Title 26 U.S.C. § 4705 (a). Each of the appellants was sentenced to serve a term of imprisonment of five years on each count, the sentences to run concurrently. The appellants were tried jointly and have filed a joint brief on this appeal which sets forth several specifications of error.

The indictment on which appellants were tried contained eleven counts. Counts I and IV charged appellant Jordan and one Thomas Small, who did not appear or testify at the trial, with knowingly and unlawfully receiving, concealing and facilitating the concealment and transportation of heroin in violation of 21 U.S.C. § 174 . The violation charged in count I was alleged to have occurred on or about April 24, 1967, and the violation charged in count IV was alleged to have occurred on or…