Ong Way Jong, Alias Johnny Ong, and Wee Zee Yep v. United States

Ong Way Jong and Wee Zee Yep were indicted on three counts for violation of the narcotics laws. The first count charged Wee with selling heroin. The second count charged Wee with concealing this heroin. The third count charged Ong and Wee with conspiring to sell, conceal and transport narcotic drugs. Ong pleaded not guilty. Wee pleaded guilty to Count 2 and not guilty to Counts 1 and 3. Upon waiver, the trial was by the judge without a jury. After the government rested its case in chief, Ong moved for acquittal. The motion was denied. Wee did not testify. Ong gave testimony in his defense. Motion for acquittal and new trial by Ong after the evidence was also denied.

The trial judge found both defendants guilty, Wee on all counts and Ong on the conspiracy count alone. Only Ong is before this Court on appeal.

The evidence showed Wee had sold two ounces of heroin to a government agent on January 23, 1956. It is conceded that Ong had no connection whatsoever with this narcotic sale and possession.

The evidence also showed that Wee is a narcotic peddler who has been selling heroin about San Francisco for about four years. A Mr. Wu, undercover agent for the government, negotiated…