Leong Chong Wing v. United States

Appellant was upon trial to a jury found guilty as charged in count 1 of an indictment, and from judgment pronounced thereon he appeals.

Count 1 of the indictment charged a violation of section 174, title 21 U.S.C.A., in that appellant, and others, unlawfully, knowingly, feloniously, and fraudulently did “receive, conceal, buy, sell and facilitate the transportation and concealment, after importation of a certain derivative and preparation of opium, to wit one (1) ounce of opium prepared for smoking which said preparation of opium, as the [appellant] then and there well knew had been imported into the United States contrary to law.”

The court below denied a demurrer to the indictment, a motion to quash, a motion to suppress evidence, and various other motions.

Appellant assigns as error: (1) The failure of the court below to grant appellant’s motion to suppress; (2) the admission of Government’s Exhibit No. 1 in evidence (this exhibit consisted of a jar of opium found in the automobile operated by appellant at the time of his arrest) ; (3) the refusal to grant a directed verdict of not guilty. *

The only question argued before us was in the contention that there was error in…