Symons v. United States

BONE, Circuit Judge.

Appellant, 'having waived jury trial, was convicted before a United States District Judge of offenses as charged in two counts of an indictment. Count one charged defendant with acquiring (in violation of 26 U.S.C.A. § 2593(a)) marihuana without having paid the transfer tax imposed by 26 U.S.C.A. § 2590(a), he being a transferee required to pay such tax. Count two charged him with concealing (in violation of 19 U.S.C.A. § 1593(b) * ) the marihuana knowing it to have been imported into the United States contrary to law.

The Government concedes error as to count two and we…