Haywood Erwing v. United States of America, Leroy Jefferson, Berthelma Nolen and Haywood Erwing v. United States

Two appeals are involved in this consolidated proceeding. Each appeal is from a separate judgment in a separate criminal prosecution under the narcotic laws of the United States.

Two indictments were returned by the grand jury on the same day. In one indictment containing two counts, the appellant Erwing alone was charged: (1) with selling, and facilitating the sale, on or about January 6, 1959, of 9 grams and 300 milligrams (.328 oz.) of cocaine to Constance Marie Hamlett, hereinafter designated Hamlett, and (2) with receiving, concealing, transporting, and facilitating the transportation and concealment of the same cocaine on the same day, both offenses in violation of Title 21 U.S.C.A. § 174 . Following a jury trial, Er-wing was convicted of both offenses and sentenced to a term of imprisonment of 15 years on each count, such sentences to run concurrently. Hereafter we will refer to this prosecution as Case A.

The other indictment is in five counts. Count One charged appellant Nolen, one Leroy Jefferson, whose appeal is not before us at present, and unindieted conspirators Juanita Smith, Fred D. Berry and Hamlett with conspiracy to receive, conceal, and facilitate the…