Theodore H. Miller v. United States

DANAHER, Circuit Judge.

Appellant was convicted and was sentenced to serve concurrent sentences on two counts of an indictment which had charged him with violation of 26 U.S.C. § 4704(a) (1958) 1 2and 21 U.S.C. § 174 (1958).2 Received in evidence against *798the appellant were some 54 gelatin capsules said by the Government chemist to have contained heroin, a derivative of opium. In addition, the officers had found an envelope containing a quantity of heroin. This appeal presents questions as to the instructions to the jury respecting the appellant’s possession of the narcotics, and as to possible…