Borgfeldt

(concurring).

I concur in the affirmance of the judgment. The instructions given by the court cover the matters requested in defendant’s proposed instructions Nos. 1, 2, and 3, so far as they are correct statements of the law, and hence error cannot be predicated upon their refusal. Ng Sing v. United States (C. C. A.) 8 F.(2d) 919 .

Appellant and one Richard H. Moore were jointly indicted, it being charged that they “fraudulently and knowingly did conceal, and facilitate the concealment of a lot of morphine.” Moore pleaded guilty. Appellant was tried, convicted, and sentenced.

At the close of the government’s ease appellant moved for a directed verdict, which motion was renewed at the close of all the evidence. Appellant also requested certain instructions. Failure to grant the motions or give the requested instructions is assigned as error.

Section 174 of title 21 HSCA, commonly known as the Jones-Miller Act, provides: “If any person fraudulently or knowingly imports or brings any narcotic drug into the United States, * * • contrary to law, or assists in so doing or * * * conceals, * * * or in any manner facilitates the * * * concealment ” * i! of any such narcotic drug after being imported or brought in, knowing the same to have been imported contrary to law, such person shall upon conviction be fined not more than $5,000 and imprisoned for not more than ten years. Whenever on trial for a violation of this section the defendant is shown to have or to have had possession of the narcotic drug, such…