Court of Appeals for the Fifth Circuit March 19, 1973, 72-2400 (United States v. Obadiah Stephenson)

DYER, Circuit Judge: ’

Stephenson was named as the sole defendant in a three-count indictment for possession of heroin. The first count charged him with possession of approximately 25 grams of heroin contained in 233 glassine envelopes in violation of 21 U.S.C.A. § 174. Counts two and three charged him with the possession of the same quantity of heroin in violation of 26 U.S.C.A.