U. S. A. v. Garrison, Wertheim & Goldman

COOPER, District Judge.

Defendants Garrison and Wertheim move for various forms of relief.

They first seek dismissal of the two count indictment with charges both a substantive violation of the federal narcotics laws relating to marihuana, 21 U.S.C. § 176a and a conspiracy to violate the same section, on the ground that their timely and proper assertion of the privilege against self-incrimination provides a complete defense to this prosecution. We disagree.

Both counts charge defendants with knowing that the marihuana they possessed was imported into the United States contrary to law, in that it…