Lowery

Lowery v. United States

Good Law
156 F.2d 153·34 A.F.T.R. (P-H) 1530·34 A.F.T.R. (RIA) 1530·1946 U.S. App. LEXIS 2543
United States Court of Appeals for the Ninth CircuitJune 14, 1946No. 10965California686 words

Opinion

Lead Opinion

Bone, J.

Appellant was indicted and tried before a jury on five counts, all involving narcotics. She was acquitted as to four counts and convicted on Count 4 (laid under Sec. 2553(a), I.R.C., 26 U.S.C.A. Int.Rev.Code, § 2553(a), which accused her of purchasing 10 grains of opium, prepared for smoking, not in the original stamped package nor from the original stamped package. She assigns as error that the court denied her challenge to the sufficiency of the evidence, *154 and her motion for a directed verdict, made at the conclusion of the Government’s case, and at the end of all evidence as to counts 3, 4 and 5.

Briefly stated, the facts are these: A Chinese (Mar Gim Wing) was arrested in Seattle by narcotics officers and.a jar of opium containing about 250 grains then in his possession was voluntarily turned over to the arresting officers. He claimed to them that he had an understanding or arrangement with appellant to sell and deliver this opium to her. In the presence of these officers (who listened in) he called appellant on their office phone and was asked by her if he had “that stuff.” When Wing answered in the affirmative she stated, “Well, bring it out and I will go down town…

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