Carlo Kelly Giacona v. United States

RIVES, Circuit Judge.

Appellant was tried on a six count indictment, three counts of which charged him with acquiring or obtaining various amounts of marihuana without having paid the transfer tax imposed by the Internal Revenue Code, 1 and three companion counts with transporting or concealing, or facilitating the transportation or concealment of, the marihuana, in violation of subdivisions (1) and (2), respectively, of I.R.C.1954, 26 U.S.C.A. § 4744. The jury returned a verdict of guilty on the first two counts in each of which the amount involved was 28 ounces of marihuana. A verdict of not…