[Download] "De Luna v. United States" by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: De Luna v. United States
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 21, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appellant and his co-defendants waived a jury trial in writing, as permitted by Rule 23, Federal Rules of Criminal Procedure, 18 U.S.C.A., and were tried by the court without a jury. The court made a general finding that the appellant was guilty under Counts 8 and 9 of a nine-count indictment, and sentenced him to imprisonment for a term of four years and to pay a fine of $100.00. Count 8 charged that appellant and his co-defendants "fraudulently and knowingly received, concealed and facilitated the transportation and concealment of a narcotic drug, to-wit; 701 grains of heroin, after the said narcotic drug had been imported and brought into the United States contrary to law." Count 9 charged that the appellant and his co-defendants "knowingly and fraudulently purchased from some person to the grand jury unknown, 701 grains of heroin not in or from the original stamped package." See 21 U.S.C.A. ร§ 174. The only question presented by the appeal is the sufficiency of the evidence to sustain the appellants conviction.