Weaver v. United States

THOMAS, Circuit Judge.

The appellant was convicted and sentenced on two counts of an indictment containing five counts in which he and Erma Shaneyfelt were charged jointly with violation of the Federal Narcotic Act, 26 U.S. C. A.Int.Rev.Code § 2550, 18 U.S.C.A. § 88. The first count charged a conspiracy to violate the Act and alleged as overt acts illegal sales on December 9, 1937, October 6, 1938, October 14, 1938, and October 17, 1938. Each of the alleged overt acts was charged as a substantive offense in counts 2, 3, 4, and 5 respectively. At the conclusion of the government’s case the…