Anthony Marcella v. United States

Appellant was named defendant in five counts of a six count indictment, charging in two counts that he sold, in two that he concealed and transported, and in one (count six), that he conspired with the co-defendants Mathew A. and Marie Rose Santino, and the unindieted Quentin “Duke” Browning, to acquire, transport, and arrange the sales of narcotic drugs. All counts were alleged to be violations of 21 U.S.C.A. § 174 . Defendant was convicted on all five counts by a jury verdict, and sentenced to two consecutive twenty year terms. Timely appeal was taken here. 28 U.S.C. § 1291 .

Appellant urges: (1) the insufficiency of the evidence, particularly as to count two; (2) that the indictment fails to set forth acts or omissions with sufficient clarity to constitute a public offense, or to enable appellant to defend; and (3) that the conviction based on the uncorroborated testimony of accomplices is improper; and (4) particularly so where one coconspirator is not indicted and two others are indicted but dismissed after a plea of guilty; that this constitutes unequal enforcement of the law and a denial of due process.

We are first asked to rule that a conviction based on the…