Kramer

This appeal is from a judgment of conviction upon each of three counts of an indictment charging in the first count importation of opium into the United States, in Count Two, transportation and concealment of it after importation, and in Count Three, conspiracy to commit the offenses charged in the other counts. After plea of not guilty the defendant was tried by the court without a jury, jury being waived. The sentences were for two years in the penitentiary on each count, the sentences to run concurrently. After the court announced that defendant would be found guilty on all counts and had remanded defendant to custody to await sentence, defendant’s counsel moved “to vacate the verdict and decision” made and for a new trial for errors of law and because the verdict and decision were contrary to law and to the evidence, and upon the ground of proposed newly discovered evidence.

All the specifications of error may be reduced to one that the evidence was legally insufficient to sustain a finding of guilt on any of the three counts. It is well settled that upon conviction and sentence under each of several counts in one indictment, if the sentences are for equal terms and…