Jesse Lee Robinson and Tom Lowe v. United States

Appellants were convicted by the court below, sitting without a jury, on each of an indictment’s two counts. It was charged in Count One that appellants did, on November 21, 1957, after im portation, knowingly and unlawfully receive, conceal and transport, and facilitate the concealment and transportation of a certain narcotic drug, namely, 150 ounces of heroin, in violation of 21 U.S. C.A. § 174; and in Count Two, that on the same date the appellants did, after importation, knowingly and unlawfully sell and facilitate the sale of a certain narcotic drug, namely, 150 ounces of heroin, in violation of 21 U.S.C.A. § 174 .

The district court sentenced appellant Lowe to five years on each count, to run concurrently, and appellant Robinson to ten years on each count, to run concurrently.

The district court had jurisdiction. 18 U.S.C. § 3231 . Upon timely appeal, this Court likewise has jurisdiction. 28 U.S. C. § 1291.

The cause was submitted to this Court without oral argument. In briefs on file, three grounds are urged for reversal. The first is that the evidence was insufficient, as a matter of law, to convict the defendant Robinson; the second, that cross-examination of the…