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UNITED STATES v. COVINGTON

No. 366.

395 U.S. 57 (1969)

UNITED STATES v. COVINGTON.

Supreme Court of United States.

Decided May 19, 1969.

Attorney(s) appearing for the Case

Philip A. Lacovara argued the cause for the United States, pro hac vice. With him on the brief were Solicitor General Griswold, Assistant Attorney General Vinson, and Beatrice Rosenberg.

William J. Davis, by appointment of the Court, 393 U.S. 973, and Robert J. Haft argued the cause for appellee. Mr. Davis also filed a brief for appellee.

MR. JUSTICE HARLAN delivered the opinion of the Court.

This is a companion case to Leary v. United States, decided today, ante, p. 6. Appellee was charged in a one-count federal indictment in the Southern District of Ohio with having violated 26 U. S. C. § 4744 (a) (1), a part of the Marihuana Tax Act, by obtaining 737.1 grams of marihuana without having paid the transfer tax imposed by 26 U. S. C. § 4741 (a).1

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