Morlen

Morlen was in-dieted and convicted under an indictment charging (count 1) that in June, 1925, he feloniously sold and distributed morphine not in the original package ( 38 Stat. 789 , § 8 [Comp. St. § 6287n]) and (count 2) that he fraudulently received, concealed, bought, sold, and facilitated the transportation and con- ' cealment after importation, of certain morphine which he then and there well knew had been imported into the United States contrary to law ( 42 Stat. 596 [Comp. St. Ann. Supp. 1923, § 8800 et seq.]).

The principal questions pertain to the sufficiency of the evidence to sustain the conviction under count 2 and to the instructions of the court. The evidence showed that Morlen had possession of the narcotic drug described; that he passed a package containing the morphine to an informer; that on the night of his arrest he told the officials that all he had obtained was just a little “to get by, to make his own stuff out of it,” and that that was the last he had; that there were no revenue stamps on the package of morphine taken from the defendant; that after the trans *626 action, in resisting arrest, he dropped some marked money that had been passed to him by the…