Richard L. Cook v. United States

Appellant, with the three codefendants hereinafter named, was charged in Count I with conspiracy to smuggle marijuana into the United States, and to conceal or transport it therein. Count II charged defendant Escobedo with smuggling marijuana into the United States, and defendant Cook and co-defendants Da Costa and Johnson with aiding and abetting.

The case against Johnson was dismissed at the close of the government’s case. The case against Da Costa was dismissed at the close of all evidence. The record does not disclose why Escobedo was not on trial.

Jurisdiction existed below pursuant to 21 U.S.C. § 176a, 18 U.S.C. § 2 , and § 3231, and exists here pursuant to 28 U.S. C. § 1291.

Errors alleged are five in number: (1) the refusal to grant paragraphs four and five of appellant’s demand for a bill of particulars (further overt acts); (2) the refusal to grant a mistrial on the government’s opening statement; (3) the refusal to disclose the name of the government informer; (4) the insufficiency of the evidence to support the conviction; and (5) the refusal to grant a motion for acquittal.

This case arose out of the unlawful importation by automobile, driven by defendant…