White v. United States

GILBERT, Circuit Judge.

The plaintiff in error was convicted on two counts of an indictment — the first charging him with violation of the Harrison Narcotic Act (Comp. St. §§ 6287g-6287q); the second count charging him with violation of the Jones-Miller Narcotic Act (42 Stat. 596). He was sentenced to be imprisoned on the ■first count five years, and on the second count five years, and to pay a fine of $1, the terms of imprisonment to run concurrently.

It is contended that conviction on both counts was had upon evidence relating to a single act of the defendant, that to prosecute him upon both…