(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. § 174. The only question presented by the appeal is the sufficiency of the evidence to sustain the appellants conviction.