Gonzales v. United States

Judgment was pronounced against Josephine Gonzales, appellant herein, after conviction on a count of an indictment charging her with violating the importation and exportation act, 21 U.S.C.A. § 174 (Narcotic Drugs), and on another count of the indictment charging her with violating the Harrison Anti-Narcotic Act, § 1(a), 26 U. S.C.A. Int.Rev.Code, § 2553(a).

By statement of her counsel in open session of this court, the issue here is the constitutionality of the acts under which her conviction was had. Her point is that the closing sentence of 21 U.S.C.A. § 174 , wherein h is said possession of the narcotic drug “shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury” on its face authorizes the jury to adjudge its satisfaction of the explanation given upon its own whim or reason without any standard of or for measurement and thus unlawfully delegates the legislative function.

The point was inherent in the case of Yee Hem v. United States, 1925, 268 U.S. 178 , 45 S.Ct. 470 , 69 L.Ed. 904 . There the point was approached through a claim that the presumption of guilt, unless possession was explained…