The plaintiff in error, John Glenberg, and one Hyman Goldman, were convicted on a joint indictment charging them .with the illegal possession of morphine in violation of the Revenue Act of December 17, 1914, commonly known as the Harrison Anti-Narcotic Daw, as amended by sections 1006, 1007, of the Revenue Act of 1918 (Comp. St. Ann. Supp. 1919, §§ 6287g, 62871). Motion for new trial was overruled,- and sentence imposed.
Goldman’s affidavit is to the effect that he saw William Krohn place a package of morphine in John Glenberg’s machine, when “Glen-berg had turned his back and gone into a cigar store at that place.” He testified on the trial of the cause that he did not see John Glen-berg on that day. He also testified that he did not see an automobile parked at the comer of Parkgate and East 105th street. Now he submits an affidavit that he did see this car; that he saw Glen-berg, and that, after Glenberg had turned his back and had gone into the cigar store, some one placed a package of morphine in Glenberg’s car. Just how he knew it was morphine he does not undertake to say. Not only does this affidavit contradict his evidence on the trial of the case in these two important particulars, but is so wholly inconsistent therewith that the trial court properly found that, “if what he has sworn to in this affidavit is true, then he committed perjury upon the trial of the cause.”
The affidavit of Morris Weiss states that he was present and was talking with Ingram when he saw William Krohn approach and place a package on the seat of a Dodge roadster parked on East 105th street near Parkgate avenue. Ingram denies that Morris Weiss was present at the time and place mentioned in his affidavit, or that he had any conversation with him whatever, and that Hyman Goldman was the only one with whom he talked on that occasion.
Otto Diskowski, a detective on the Cleveland police force, testified by affidavit that Morris Weiss was not present and did not have any conversation with Arthur Ingram at that time and place. Frank Passicek also filed a counter affidavit in which he states that he knows Morris Weiss; that he was not with, Arthur Ingram at East 105th street and Parkgate avenue on the date of the arrest of Hyman Goldman and John Glenberg. This witness also testified upon the trial of the cause that, when Glenberg parked his Dodge roadster on the northwest corner of 105th street and Parkgate avenue and before the arrival of Ingram, he walked over to the machine and at that time saw this package in the seat. All of the police officers testified that they kept this car under surveillance from the time it was parked until Goldman was arrested. These' policemen also testified that they are more or less familiar with the persons suspected of dealing un
The question of the sufficiency of the evidence is not presented by this record; but, even if it were, it is clear that the verdict of guilty is sustained by substantial evidence sufficient to furnish the certainty of proof required in a criminal case.
For the reasons stated, the judgment of the District Court is affirmed.