Manfred Daut v. United States

Appellant Manfred Daut, a German alien, and one Knapp, were charged in one count with having imported into the United States at Lukeville, Arizona, approximately twenty pounds of marihuana in violation of 21 U.S.C. § 176a. Both men were convicted by a jury. Daut appeals.

The facts in the case are as follows. Daut and Knapp secured a car from an agency and agreed to transport it from San Francisco to Toronto, Canada; they decided to go to Mexico. In Mexico the car broke down. While repairs were being made, the two men took a Mexican bus to the Gulf of California and later returned to Sonoita, Mexico. Daut unintentionally left on the bus a small bag which contained his passport; this discovery was made after the bus had departed Sonoita on its way to Tijuana. Daut and Knapp tried to telephone the bus company in Tijuana to inquire about the bag, but without success; the telephone lines were apparently not in working order. Daut and Knapp in their repaired car subsequently entered the United States at Lukeville, Arizona; they explained to the U. S. officer at the border station that they did not intend to stay and wished merely to use the telephone. The ear was searched by U. S.…