United States v. Tsoi Kwan Sang

BELL, Circuit Judge:

The judgment of conviction contested here was entered upon a jury verdict finding the defendant guilty of fraudulently and knowingly importing narcotic drugs into the United States in violation of Title 21 U.S.C.A. § 174. The drugs in question consisted of crude as well as prepared opium.

One of the defenses asserted was insanity at the time of the commission of the offense. Contrary to the government’s position, we find that the evidence was sufficient to require submission of the issue to the jury. The charge given did not comport with the requirements of Blake v. United…