United States v. Homer Lavel Rodgers

ALLRED, District Judge.

The sole question in this case is the sufficiency of the indictment to state an offense. The trial court sustained a motion to dismiss and the Government appeals. We hold the indictment is sufficient. It charges a violation of section 174, Title 21, U.S.C.A. and reads as follows:

“On or about April 5, 1953, in Bexar County, Texas, within said district and division, Homer Lavel Rodgers knowingly and fraudulently received and concealed a narcotic drug, to wit, eight and one-half (8%) grains of heroin, after being imported and brought into the United States; and the said…