175 F.2d 440 - Dickerson v. United States — 175 F.2d 440

How this case has been cited

Cited by 16 later decisions — most recently December 1965

15 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Leslie Dickerson, pro se.

¶2Theodore G Bethea, Asst. U.S. Atty.,. Reedsville, N. C. (Bryce R. Holt, U.S.. Atty., and R. Kennedy Harris, Asst. U.S. Atty., Greensboro, N. G, on the brief), for appellee.

¶3Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from an order denying a motion to vacate a judgment and sentence of imprisonment. In the year 1946, appellant pleaded guilty to an indictment charging violation of the Harrison Anti-Narcotic Act, 26 U.S.C.A. §§ 2550 et seq., 3220 et seq., in having in his possession a quantity, of codeine ad morphine without having registered and paid the tax as required by the act. The only question raised by the appeal is the sufficiency of the indictment, but the indictment was clearly sufficient to sustain the judgment and sentence. As we said quite recently, the law is that an indictment, the sufficiency of which is not questioned on the trial, will not be held insufficient on a motion to vacate the judgment entered thereon unless *441it is so obviously defective that by no reasonable construction can it be said to •charge the offense for which conviction was had. Pifer v. United States, 4 Cir., 158 F.2d 867; Lucas v. United States, 4 Cir., 158 F.2d 865.

¶6Affirmed.