Alfredo Delgado Arellanes and Geneva Arellanes v. United States

Appellants, husband and wife, stand convicted of violations of 21 U.S.C.A. §§ 174 & 176a. They claim that their convictions should be reversed because: 1) the evidence is insufficient to support the verdicts; 2) they were denied the full assistance of counsel which the Constitution and laws of the United States guarantee them; and 3) the court incorrectly and inadequately instructed the jury.

We conclude that insofar as Mrs. Arellanes is concerned the evidence is insufficient. That conclusion does not extend to Mr. Arellanes. We recite the facts.

In the latter part of February, 1961, Mr. Arellanes rented a flat at 1039 Page Street, San Francisco. He and his wife left the area almost immediately, returning about two weeks later, at which time they spent several days at the flat before again departing. During their stay at the flat they received from the landlady a rent receipt and an extra key. Sometime prior to March 13, this extra key was given to one John O’Rourke, a man whose acquaintance Mr. Arellanes had made during a confinement at San Quentin on a California narcotics conviction.

Prior to the Arellanes’ return from their second trip, narcotics agents arrested the said…