Rendleman

The appellant was convicted on an indictment charging him, in two counts, with the violation of two different provisions of the Harrison Anti-Narcotic Act (26 USCA §§ 211, 691-707). The only point he seriously argues is that the trial court should have directed the jury to acquit. Specifically his contention is that the evidence is wholly circumstantial, and that it does not measure up to the requirement that, where the government relies upon circumstantial evidence alone, it must be such as to exclude every reasonable hypothesis other than that of guilt, and that the facts proved must not only point to the defendant’s guilt, but must be inconsistent with the theory of his innocence. Union Pacific Coal Co. v. United States (C. C. A.) 173 F. 737 ; Nosowitz v. United States (C. C. A.) 282 F. 575, 578 .

It was shown on behalf of the government that, suspecting appellant was engaged in the sale of narcotics, narcotic agents arranged with an addict by the name of Eadden to make a purchase under circumstances where they could observe what was done. Accordingly, on the evening of December 11, 1925, three of them went with Eadden to a place in Seattle apparently remote from the more…