Lawrence Costello v. United States

RIVES, Circuit Judge.

A three-count information was filed against the appellant, Costello, and one Earl Robinson, whose appeal has been voluntarily dismissed. The first count under the general conspiracy statute, 18 U.S.C.A-. § 371, charged that they unlawfully conspired to violate Title 26 United States Code Annotated, Sections 4704(a), 4705(a), 4742(a) and 4744(a): that is, in substance, that they unlawfully conspired to sell narcotic drugs. The second count was withdrawn by the Government at the beginning of the trial. The third count charged that they transferred twelve marijuana…