Manning v. United States

On January 15, 1958, an indictment was returned charging that in the Southern District of Florida, the appellant, William Arthur Manning, and Sally Gelston "did acquire and otherwise obtain" marihuana without having paid the transfer tax, in violation of 26 U.S.C.A. § 4744(a). Manning entered a plea of not guilty, moved to suppress certain evidence, and moved to dismiss the indictment. Both motions were denied. The cause went to trial. At the close of the governments evidence, Manning moved for a judgment of acquittal alleging, among other grounds, that a part of Section 4744 was unconstitutional. This motion too was denied. Appellant offered evidence and, at the close of the evidence, renewed his motions. The trial court reserved ruling and submitted the case to the jury. The jury returned verdicts of guilty as to appellant and his co-defendant. Appellant renewed his motions for judgment of acquittal, again urging the unconstitutionality of Section 4744(a). This motion was denied. Judgment was entered against Manning imposing a fine of $500 and imprisonment for three years. Appellant Manning appeals from this judgment. We affirm.