Ramirez
Ramirez v. United States
Opinion
Lead Opinion
Rudkin, J.
This is a writ of error to review a judgment of conviction under the second count of an indictment .charging a violation ’ of' the narcotic laws. The second, count charged, in the usual form, that the plaintiff in error did willfully, unlawfully, knowingly, feloniously, and frauda *789 lently receive, conceal, buy, sell, and facilitate the transportation and concealment after importation of certain described morphine and cocaine, which said morphine and cocaine, as the plaintiff in error then and there well knew, had been imported into the United States contrary to law.
A demurrer to the indictment, an objection to the introduction of testimony under the indictment, and a motion to quash on the ground that no competent evidence was presented to the grand jury were overruled, and upon these rulings error is assigned. Indictments in the same form have been repeatedly sustained by this court, and the question of their sufficiency is no longer an open one. Wong Lung Sing v. United States (C. C. A.) 3 F.(2d) 780 ; Lee Tung v. United States (C. C. A.) 7 F.(2d) 111 ; Rosenberg v. United States (C. C. A.) 13 F.(2d) 369 ; Morlen v. United States (C. C. A.) 13 F.(2d) 625 . The sufficiency…