McFarland

Count I of the indictment charged that on March 31, 1932, in the city of Seattle, Wash., appellant “did then and there knowingly, wilfully, unlawfully, and feloniously, and not in the original stamped package, nor from the original stamped package, nor in pursuance of a written order form,” purchase *75 85 grains of morphine, in violation of the Harrison Narcotic Aet (26 USCA §§ 211, 691, et seq.). Count II charged appellant with receiving, concealing, buying, selling, and facilitating the transportation and concealment after importation of the same narcotics. The jury found appellant guilty as charged in count I and not guilty on count II.

From the testimony of the government’s witnesses, which was evidently accepted by the jury, rather than the story of appellant, it appears that on several occasions shortly prior to the date alleged in the indictment Federal Narcotic Agents Cass and Talent gave marked money to an informer named Stewart, who in turn gave the money to one Rumbaugh, whereupon Rumbaugh would proceed, followed by the agents, to apartment 0 of the Yesler Apartments, which apartment was occupied by appellant. Shortly thereafter Rumbaugh would leave appellant’s…