Edward Lee Debardeleben and Luevoirn Hendrix v. United States

Good Law
307 F.2d 362·1962 U.S. App. LEXIS 4216
United States Court of Appeals for the Ninth CircuitAugust 30, 196217745_1California529 words

Opinion

Opinion

Duniway, J.

Convicted under a four-count indictment charging them with importation, and, separately, with concealment and facilitating transportation of heroin ( 21 U.S.C.A. § 174 ) and of marihuana (21 U.S.C.A. § 176a), Debardeleben and Hendrix appeal. Their principal contention is that the evidence is insufficient to support their conviction.

We have examined the entire record and we conclude that the evidence was sufficient. From the evidence, the court could infer that Debardeleben furnished the car which was used to transport himself, Hendrix, and two co-defendants, Peters and Ellis, from Los Angeles to Tijuana for the purpose of acquiring the narcotics; that the narcotics were purchased in Tijuana and concealed upon the person of Ellis; that Hendrix furnished some of the gasoline and drove the car on the return trip from Tijuana into the United States; that both appel lants knew, when they crossed the border, that Ellis had acquired the narcotics and had them hidden on her person; and that both appellants told false stories to the customs inspectors for the purpose of helping Ellis conceal the narcotics. The case is circumstantial and depends in part upon contradictions in stories told…

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