State v. Smith

TATE, Justice.

The bill of information jointly charged the defendant Smith and his wife, Audrey, with willful and unlawful possession and control of a narcotic drug (heroin). La. R.S. 40:962 (1951). After a motion for severance was sustained, the defendant husband was tried separately.1 Pursuant to a jury verdict of guilty, he was sentenced to ten years in the state penitentiary.

The skeleton facts show:

Smith’s wife, Audrey, was handed some heroin. She then joined Smith at a barroom. The couple left and entered their automobile. Police officers tailed their vehicle and, when they parked,…