Salomon R. Sandez, Jr. v. United States

Defendant Sandez was one of six defendants charged with conspiring to bring narcotic drugs into the United States (Count 10). He was charged with two substantive counts relating to the importation (Count 8) and transportation (Count 9) of narcotics. Five of the six defendants were convicted; one (Golden Elliott) was acquitted by the court, upon motion of her counsel, after the jury had difficulty in coming to a decision as to her guilt or innocence. San-dez was convicted on three counts (Counts 8, 9, and 10); defendant Flores of two. (Counts 9 and 10.)

Sandez alone appeals. His counsel strenuously argues there was reversible error in that:

1. defendant Sandez was never arraigned.

2. certain evidence introduced against Sandez was inadmissible, because obtained thru unlawful search and seizure.

3. the corpus delicti was not established independent of certain admissions, which were not admissible as against Sandez.

4. insufficiency of the evidence to support the verdict against Sandez.

The prosecution of these defendants came about by reason of dealings between a government undercover agent, Laurence Katz, operating under the alias of Benny Lean, and one Vincent Perno, usually…