Johnson v. United States

Anne Johnson is appealing from the judgment after she was tried, convicted and sentenced (Count 1) for purchasing “approximately 85 grains of opium prepared for smoking, which was not then in nor from the original stamped package”, 26 U.S.C.A. Int.Rev.Code, § 2553(a), (Count 11) of having “knowingly received and concealed 85 grains of opium prepared for smoking, which had theretofore been imported and brought into the United States of America contrary to law * * 21 U.S.C.A. § 174 , (Count 3) of purchasing “approximately 41 grains of yen shee, partially smoked opium prepared for smoking, which was not then in nor from the original stamped package”, 26 U.S.C.A. Int.Rev. Code, § 2553(a), (Count 4) of having “knowingly received and concealed 41 grains of yen shee, partially smoked opium prepared for smoking, which had theretofore been imported into the United States of America contrary to law * * * ”, 21 U.S.C.A. § 174 .

Appellant claims reversible error because the conviction would have no substantial support without evidence secured through an illegal search and seizure (Fourth Amendment of United States Constitution) and because of misconduct of counsel for the government.

There…