William Evans and Josephine Evans v. United States

Waiving a jury, William Evans and Josephine Evans went to trial on a four-count indictment charging violations of the narcotics laws. William, convicted under all four counts, was sentenced to imprisonment for terms aggregating fifty years, and was fined a total of $11,000. Josephine, convicted under counts 1, 2, and 4, was sentenced to imprisonment for five years on each such count, the terms to run concurrently. Both defendants appeal.

Count 1 charged both defendants with unlawful concealment and transportation of two ounces of heroin at San Francisco, on March 4, 1957. Count 2 charged each of them with the unlawful sale of this heroin on the same date. Count 3 charged each of them with unlawfully concealing and facilitating the concealment and transportation of twenty-two grains of marihuana on the same date. The final count charged each of them with conspiring together with the object of unlawfully selling, dispensing, and distributing heroin, and of unlawfully concealing and facilitating the concealment of such heroin.

Concerning the counts relating to heroin — counts 1, 2, and 4 — appellants’ principal contention relates to the sufficiency of the evidence. Josephine…