Donald Elliot Matthews v. United States

Appellant was indicted on three counts of a seven-count indictment for violating Title 21 U.S.C.A. § 176a. Counts one through four were against co-defendants Garcia and Marrón for violations alleged to have been committed on September 4, 1959 and September 22, 1959, relating to the sale of marihuana and the concealment and transportation of marihuana.

Count five was against the appellant and the co-defendants above named, charging the sale of marihuana on October 16, 1959. Count six was against appellant and the two co-defendants above named and alleged the illegal concealment and transportation of the same marihuana referred to in count five, and on the same date.

Count seven was against appellant and the co-defendants above named, and alleged a conspiracy to sell, transport and conceal marihuana beginning on September 4, 1959 and continuing to October 16, 1959. Three overt acts of conspiracy are listed and enumerated. Appellant is listed in the third enumeration, which charges all three with participation in the sale of marihuana on October 16, 1959.

Appellant pleaded not guilty to all three counts. He was represented by counsel of his own choosing, and waived in writing his…