United States v. Donald J. Priest

PICKETT, Circuit Judge.

Appellant, Donald J. Priest, and Arthur Everett Small, Jr. were charged jointly with transferring a quantity of marihuana to a purchaser not in pursuance of a written order on a form issued for that purpose by the Secretary of the Treasury or his delegate in violation of 26 U.S.C. § 4742(a). 1 The case was tried and presented to the jury on the theory that under 18 U.S.C. § 2(a) Priest was liable as a principal for aiding and abetting Small in the transfer of the marihuana. The principal issues presented relate to the sufficiency of the evidence to sustain the…