Alfonso Espinoza Covarrubias v. United States

Defendant Alfonso Espinoza Covarru-bias and his wife Rachel were indicted and charged with smuggling nine and one-half pounds of marihuana into the United States from Mexico at the port of San Ysidro, California, in violation of 21 U.S.C.A. § 176a.

Both entered pleas of not guilty, but when the case came on for trial on July 29, 1958, Rachel changed her plea to guilty. The trial proceeded as to appellant alone, and he was convicted by the jury and sentenced to imprisonment in accordance with law.

He appealed from the judgment of conviction and from the denial of his motion for acquittal and for a new trial. This court has jurisdiction of the appeal under 28 U.S.C.A. § 1291 .

The evidence showed that appellant and his wife Rachel, apparently residents of southern California, returned to the United States from Mexico on March 29, 1958, in a 1955 Buick automobile which was registered to the appellant and his wife. At the border, when questioned, the appellant stated he was bringing no merchandise from Mexico. He was then asked to open the trunk of the automobile, which was locked. Appellant produced a key to the trunk and opened it. The automobile was on a “lookout” list which…