Adelman

The appellant was found guilty on all four counts of an indictment which charged in counts I and III that the defendant “unlawfully did sell, dispense and distribute not in or from the original stamped package, a lot of smoking opium”, and in counts II and IV that defendant “did conceal and facilitate the concealment of said lot of smoking opium * * * and the said smoking opium had been imported into the United States of America contrary to law * * * ”, The first and third counts were charged under the Harrison Narcotic Act, 26 U.S.C.A. §§ 2553 and 2557, and the second and fourth counts under the Jones-Miller Act, 21 U.S.C.A, § 174.

.Appellant proceeded under Section 2255 of Title 28 U.S.C.A. to correct the judgment and sentence upon several grounds, all of which boiled down to the assertion that counts I and III of the indictment failed to state facts sufficient to constitute an offense against the United States. Appellant has appealed from the order denying such motion.

Appellant contends that the indictment refers to “imported smoking opium”. He argues that since the Jones-Miller Act, 21 U.S.C.A. § 173 , makes it unlawful to import smoking opium and requires such opium to be…