Bernadine O'Neal v. United States

Appellant was one of four defendants indicted for violation of Title 21 United States Code § 174 . She was named in but two counts: Count V, charging the substantive crime of concealing narcotics on October 23, 1959; and Count VII, relating to a conspiracy to conceal, sell and transport forbidden narcotic drugs between October 15th and October 23rd, 1959.

The three codefendants entered pleas of guilty to one count each; the defendant O’Neal pleaded not guilty, and her case was tried before a jury. She was found guilty of both counts.

The testimony of codefendants was used against defendant O’Neal at the trial, and their sentencing delayed until the time of her sentence. Codefendant Patterson received five years on his plea of guilty to- Count III; the other counts were dismissed. Defendant Stuart received ten years on his plea of guilty to Count I; and Counts II and VII were dismissed. Defendant O’Neal was sentenced to ten years imprisonment on each conviction, and said sentences were ordered to run concurrently.

This defendant’s appeal was originally dismissed on February 20, 1961, along with those of the other defendants, for lack of prosecution. On December 6, 1961,…