John Peter King, Jr. v. United States
Opinion
Opinion
Defendants King, Pulido and Ellis were indicted in a seven count indictment for violation of the federal narcotic laws. Pulido and Ellis plead guilty to counts two and seven respectively. King stood trial on counts one, three, four, five and six. A verdict of guilty was rendered on all counts, and King was sentenced to twelve years imprisonment on each count, the sentences to run concurrently. From that judgment defendant King appeals. The district court had jurisdiction. 18 U.S.C. § 3231 . This Court has jurisdiction on appeal. 28 U.S.C. § 1291 .
On July 11,1958, federal and state narcotic agents made arrangements with defendant Pulido to have him purchase five pounds of marijuana. Pulido was trailed by other agents. He met King on a street comer, drove a short distance in King’s car, left King and met the agents to deliver the marijuana. Pulido was under surveillance during the whole period between the time the marijuana was ordered and delivered, and contacted no one but King during this period.
On July 17, 1958, substantially the same transaction took place, Pulido meeting with King between the time the marijuana was ordered and delivered.