Royal Thomas v. United States

HUTCHESON, Circuit Judge.

This is an appeal from a judgment of conviction on each count of a two-count indictment. Count I charged the appellant with smuggling two ounces of marihuana into the United States, in violation of 21 U.S.C. § 176a, 1 and Count II charged him with transporting and concealing the marihuana without having paid the transfer tax imposed by the Internal Revenue Code, in violation of 26 U.S.C. § 4744(a) (2). 2

During the trial, the government introduced evidence to the following effect. Acting upon information received from a paid informer, a narcotics agent placed the…