Herbert Charles Petley v. United States

Appellant was charged with knowingly receiving, concealing and facilitating the transportation and concealment of hashish (refined marihuana) which he knew had been imported into the United States contrary to law. 21 U.S.C. § 176a. He was found guilty and sentenced to five years and six months in prison. On appeal he raises the following contentions:

(1) That it was error to instruct the jury under the provisions of 21 U.S.C. § 176a;

(2) That he was convicted of a charge neither made nor proved against him, namely importation of marihuana, and that the court’s instructions based on the statute were confusing, ambiguous and misleading;

(3) That there was insufficient evidence as to knowing possession of the contraband;

(4) That a briar pipe containing marihuana residue was improperly received into evidence; and

(5) That he was denied a fair trial as a result of improper cross examination.

In May 1968, appellant and his wife departed on a trip which took them to India, Japan and Hawaii before returning to Los Angeles. On or about June 25, 1968, they left Tokyo for Hawaii. Upon arrival in Honolulu the following morning they discovered that some of their baggage had not arrived.…