Gin Bock Sing v. United States
Opinion
Lead Opinion
Hunt, J.
Writ of error to reverse a judgment of imprisonment and a fine.
The first count of the indictment charged that Gin Bock Sing, being a person required to register under tbe provisions of the Act of December 17, 1914, as amended February 24, 1919 (Comp. St. Ann. Supp. 1919, § 6287g et seq.), did willfully and knowingly have in his possession, with intent to sell, certain derivatives of opium and of cocoa leaves, without having registered with the collector of internal revenue, and without having paid a speeial tax as required by the provisions of the act. The second count charged that on tho same date named in the first count he feloniously and knowingly did receive, conceal, and facilitate the transportation and concealment after importation certain derivatives of opium and cocaine, which defendant then and there well knew had been imported into the United States contrary to law, in that the same had been smuggled and clandestinely introduced into the United States, ete.
Error is assigned upon the overruling of a general demurrer to tho indictment. Johnson v. United States (C. C. A.) 294 F. 753 , is cited as holding that the indictment is insufficient. In that ease it was held…