Baumboy v. United States

DIETRICH, Circuit Judge.

In the first count of the indictment in this case it is charged that defendant unlawfully had in his possession, with intent to sell the same, morphine described as being a package of 40 grains and a can of 4 grains, and in the second count, concerning the same morphine, that he fraudulently and feloniously received and concealed the drugs, well knowing they had been imported into the United States contrary to law. There was a conviction on both charges, followed by a judgment of imprisonment, from which defendant brings error.

The first question is of the validity of…