Ching Wan v. United States

Good Law
35 F.2d 665·1929 U.S. App. LEXIS 3042
United States Court of Appeals for the Ninth CircuitNovember 4, 1929No. 5870California828 words

Opinion

Lead Opinion

Rudkin, J.

This is an appeal from a judgment of conviction under several counts of an indictment charging violations of the narcotic laws and a conspiracy to violate such laws. The appellant Wan challenges the sufficiency of the indictment and the sufficiency of the testimony to support the conviction. The appellant Lett likewise challenges the sufficiency of the testimony, and presents some other contentions which we deem it unnecessary to consider. The facts in the ease, as disclosed by the testimony of one Rosa, the principal witness for the government, are substantially as follows : In the latter part of September, 1928, the appellant Wan approached the witness in Honolulu, handed him an envelope upon which were some Chinese characters, and asked- him if he did not desire to go to San Francisco for the purpose of delivering the envelope to some person at 145 Waverly Plane in the latter city. Delivery was to be made in the event the witness did not receive a telephone message on the night of his arrival in San Francisco. Witness was informed that he should send a package, containing opium, to the address of his mother in Honolulu, in the name of a third person. Witness agreed to undertake…

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