CAVNESS v. UNITED STATES

No. 12514.

187 F.2d 719 (1951)

CAVNESS v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 12, 1951.


Attorney(s) appearing for the Case

Herbert Chamberlin, San Francisco, Cal., Fong, Miho & Choy, Honolulu, T. H., for appellant.

Ray J. O'Brien, U. S. Atty., Howard K. Hoddick, Asst. U. S. Atty., Honolulu, T. H., Frank J. Hennessy, U. S. Atty., San Francisco, Cal., for appellee.

Before STEPHENS and HEALY, Circuit Judges, and MATHES, District Judge.


MATHES, District Judge.

By unanimous jury verdict appellant was adjudged guilty of purchasing cocaine and heroin not "in the original stamped package or from the original stamped package". 53 Stat. 271, (1939), as amended, 26 U.S. C.A. § 2553(a). He brings this appeal, 28 U.S.C.A. §§ 91, 1291, designating as error four rulings of the district court.

The first claim is that eight capsules of cocaine were erroneously admitted in evidence since...

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