Ronald Edward Denton v. United States

After waiver of indictment on December 12, 1961, information was filed against the Defendant, Appellant here, containing two counts.

Count one charges: “On or about the 3rd day of December 1961, within the District of Arizona, Ronald Edward Den-ton did, in violation of 21 USCA 174, fraudulently and knowingly import, and cause to be imported, and bring into the United States of America, contrary to law, approximately thirteen (13) grams of heroin, a narcotic drug”.

Count two charges: “on or about the 3rd day of December 1961, within the District of Arizona, the Defendant, Ronald Edward Denton, in violation of [18] USC 111, wilfully, knowingly and forceably resisted, opposed and assaulted Robert J. Eyman, a Customs Agent, well knowing said agent was engaged in the performance of his official duties, to-wit: conducting a border search of the said defendant, said Robert J. Eyman having been a duly appointed and qualified Customs Agent of the United States Government”.

On December 28, 1961, Motion to Suppress Evidence was filed.

On January 5 and 6, 1962, hearing on said motion was had and at the conclusion of the hearing the motion was denied.

Defendant waived trial by jury and on…