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ON LEE v. UNITED STATES

No. 543.

343 U.S. 747 (1952)

72 S.Ct. 967

96 L.Ed. 1270

v. UNITED STATES.

Supreme Court of United States.

Decided June 2, 1952.

Attorney(s) appearing for the Case

Gilbert S. Rosenthal argued the cause for petitioner. With him on the brief was Henry K. Chapman.

Robert S. Erdahl argued the cause for the United States. With him on the brief were Solicitor General Perlman and Assistant Attorney General McInerney.

MR. JUSTICE JACKSON delivered the opinion of the Court.

Petitioner was convicted on a two-count indictment, one charging the substantive offense of selling a pound of opium in violation of 21 U. S. C. § 173 and 174, the other conspiring to sell the opium in violation of 18 U. S. C. § 371. The Court of Appeals sustained the conviction by a divided court.1 We granted certiorari.2

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