Schnautz v. United States

An indictment in four counts was brought against the appellant. In the first count he was charged with acquiring marihuana without paying the transfer tax as required by 26 U.S.C.A. § 4741(a). The second count charged a transfer of marihuana without a written order on the prescribed form. Count three stated that the appellant received, concealed, sold and facilitated the transportation of marihuana after its importation into the United States. By count four the appellant and Ysidro C. Guerra, who was not a defendant, were charged with conspiring to commit the following offenses, (1) to acquire marihuana without paying the transfer tax, (2) to transfer marihuana without the written order required by the statute, and (3) to receive, conceal, sell and facilitate the transportation, concealment and sale of unlawfully imported marihuana. He was acquitted of the first three counts and convicted on the fourth count.