George Peter Theobald v. United States

Appellant was convicted of conspiring with Martin Gold and others to import marihuana into the United States illegally, and aiding and abetting Mr. Gold in such importation.

Mr. Gold testified that at appellant’s behest he smuggled forty-four pounds of marihuana belonging to appellant into the United States from Mexico on April 13, 1963. Appellant denied any participation in the transaction and sought to establish an alibi.

I

Over appellant’s objection, Ronna Adrian was permitted to testify that during the month of April, on a date “very close” to the time of the illegal importation, she and appellant had a discussion about Miss Adrian buying marihuana from appellant.

This evidence was offered to show motive — that appellant had reason to import a substantial quantity of marihuana because he was engaged in the sale of marihuana. The testimony was relevant for this purpose.

The testimony was not necessarily inadmissible because it revealed reprehensible conduct by appellant other than that with which he was charged. Moore v. United States, 150 U.S. 57, 61 , 14 S.Ct. 26 , 37 L.Ed. 996 (1893). However, it should have been excluded if its probative value was outweighed by…