Sorrentino v. United States

MATHEWS, Circuit Judge.

Appellant, Stephen Sorrentino. also known as Vincent Sorrentino, was indicted in two counts. Count 1 was based on 26 U.S.C.A. Int.Rev.Code, §§ 2550(a), 2553-(a) and 2557(b)(1). It alleged that appellant, “on or about the 16th day of August, 1945, in the City and County of San Francisco, State of California, unlawfully did sell, dispense and distribute not in or from the original stamped package, a lot of smoking opium, in quantity particularly described as one 5-tael can of smoking opium.”

Count 2 was based on 21 U.S.C.A. §. 174. It alleged that, “at the time and place…