Sam Wong v. United States

Defendant was convicted under three counts of an indictment charging' in count 1 that he purchased, sold, dispensed, and distributed certain narcotics; in count 2 that he, being a person required to register under the terms of the acts of Congress, did have in his possession with intent to sell certain narcotics; and in the third count that he feloniously and fraudulently did receive, conceal, buy, sell, and facilitate the transportation, concealment, and distribution after importation of certain described derivative of opium, which defendant knew had been imported contrary to law. He was sentenced to ten' years in the penitentiary.

The assignments of error present the question whether the indictment states a public offense. We can dismiss consideration of count 2, as counsel for tho government concede that under our decision in Johnson v. United States, 294 F. 753 , that count is fatally defective; The first count, however, is clearly sufficient, for it distinct *970 ly charges unlawful’ purchase, disposition, and distribution of opium not in or from the original stamped packages. It is not necessary to allege or prove that one charged with that offense is required to register.…