Joseph Pettway, Jr. v. The United States of America

The appellant, Joseph Pettway, Jr., was indicted in the District Court under a 2-count indictment, which charged in the first count the illegal possession of three marihuana cigarettes on May 29, 1952 without having paid the transfer tax required by the Marihuana Tax Act of 1937, 1 and in the second count the unlawful sale of three marihuana cigarettes on May 29, 1952 to William Dowdle in violation of the same law. He was represented by counsel and pleaded not guilty. Following a trial, the jury returned a verdict of guilty under both counts.

The District Attorney, proceeding under the…