Pitta

Appellant was convicted of a violation of the Jones-Miller Act, § 2, 21 U.S.C.A. § 174 . The indictment charged that he and one Bruno fraudulently and knowingly concealed and facilitated the concealment of a quantity of a morphine derivative, namely, one bindle containing a dram of heroin, which had been imported into the United States contrary to law, as the accused well knew.

The evidence for the government was that on a certain evening a federal narcotics agent entered the storeroom at the rear of a saloon and removed from between some beer cases a paper containing the heroin in question. After taking a sample of the contents the agent refolded the paper and returned it to its place of concealment. Later that evening the agents observed appellant and Bruno enter the storeroom. Bruno locked the door and proceeded to remove the paper of heroin from between the beer cases. After opening it and sniffing some of the contents he passed the paper to appellant who took some of the substance and inhaled it. Appellant then refolded the paper and returned it to Bruno, who restored it to its hiding place.

The argument for reversal involves the familiar provision of the Jones-Miller Act…