Serio v. United States

STRUM, Circuit Judge.

Convicted below of unlawfully purchasing 100 capsules of heroin hydrochloride, not in or from the original stamped package, contrary to 26 U.S.C.A. § 2553(a), defendant assigns two primary errors on appeal. First, that the trial court should have suppressed certain evidence secured by a search without a warrant; second, that defendant’s motion to dismiss the indictment should have been granted because, on the same facts, he had been previously tried and acquitted in the courts of Louisiana of unlawfully possessing the same heroin, contrary to Louisiana Statutes Annotated…