Wong Chin Pung v. United States

Good Law
142 F.2d 57·1944 U.S. App. LEXIS 3251
United States Court of Appeals for the Ninth CircuitApril 18, 1944No. 10430California598 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from a conviction and sentence for assisting in the concealment of smoking opium in violation of § 174, 21 U.S.C.A.,

“If any person fraudulently or knowingly imports or brings any narcotic drug into the United States or any territory under its control or jurisdiction, contrary to law, or assists in so doing or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale 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 possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury.”

Appellant contends that there is no evidence to show that he was in any way assisting in the concealment of the smoking opium.

Appellant was one of three persons apprehended in an opium smoking den in Portland, Oregon, in which den were found large…

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