Eugene Duvalcourt Walker and Irving Goldheimer v. United States

Appellants Walker and Goldheimer, together with defendants Wilson, Medina and Mendez, were indicted on two counts of violating Title 21 United States Code Annotated, §§ 174, 176. The first count charged that beginning on or about July 13, 1960, and continuing to August 30, 1960, appellants together with other named defendants conspired together to knowingly and unlawfully receive, conceal, transport and facilitate the concealment and transportation, and sell and facilitate the sale, of heroin which, the defendants knew had been imported into, the United States contrary to § 173, Title 21, United States Code Annotated; to knowingly smuggle and clandestinely introduce into the United States from Mexico, heroin with intent to defraud the United States (which merchandise should have been invoiced prior to importation into the United States) in violation of § 174, Title 21, United States. Code. The second count charged that during the same period appellants, and' other defendants, violated the same law with respect to marihuana ( 21 U.S.C.A. § 176 )

Appellants pleaded not guilty to both counts and were tried by jury.

The jurisdiction of the district court was found upon 18 U.S.C. §…