PITTA v. UNITED STATES

No. 11619.

164 F.2d 601 (1947)

PITTA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 3, 1947.


Attorney(s) appearing for the Case

James B. O'Connor, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and James T. Davis, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, HEALY, and BONE, Circuit Judges.


HEALY, Circuit Judge.

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...

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