Powell v. United States

ALLEN, Circuit Judge.

Appellant was indicted, together with three other co-defendants, for violation of 18 U.S.C. § 371, the conspiracy statute, and also for violation of 21 U.S.C. § 174, a section of the chapter on narcotic drugs. All of the defendants except appellant pleaded guilty to both counts. Prior to the trial on the conspiracy count, the count charging appellant with the substantive violation was nolled. Jury trial was waived in writing, and the court found the appellant guilty under the conspiracy count.

The case arose out of the following facts: On September 12, 1952, the Cincinnati…