United States v. Charles Spencer, A/K/A Jesse

MAJOR, Senior Circuit Judge.

Defendant, Charles Spencer, was charged in a 4-count indictment with the possession and sale of heroin, a narcotic drug. Count 1 charged that on April 21, 1966, he unlawfully sold, bartered and exchanged heroin to Willie Davis, also known as Harold Evans, not in pursuance of a written order from Davis, in violation of Title 26 U.S.C.A. Sec. 4705(a). Count 3 charged the violation of the same statutory provision by reason of a sale and exchange of heroin to Davis on April 28, 1966. Count 2 charged that by reason of the transaction described in count 1, defendant…