Charles A. Darden v. United States

A Federal Grand Jury charged appellant in a two count indictment with aiding and abetting the unlawful smuggling and transportation of heroin in violation of Title 21, United States Code, section 174 . The first count charged that one Sadie Mae Roberts knowingly imported and brought approximately two ounces of heroin into the United States from Mexico and that appellant knowingly aided, abetted, counseled, induced and procured commission of this offense. The second count charged that Sadie Roberts knowingly concealed and facilitated the transportation and concealment of approximately two ounces of heroin which she knew to have been imported and that appellant aided and abetted the commis sion of this offense. A jury trial was held and appellant was found guilty on both counts.

Appellant urges two grounds for reversal. First, he claims that the district court erred in admitting into evidence heroin seized from Sadie Roberts. Appellant asserts that this evidence was obtained as the result of an illegal search and seizure. Second, appellant claims that the district court erred in admitting Sadie Roberts’ testimony implicating him on the ground that her testimony was the product of…

(concurring) :

I agree that the judgment of conviction should be affirmed. The accusing testimony of the accomplice was amply corroborated by other evidence.

405 F.2d 1054 Charles A. DARDEN, Appellant, v. UNITED STATES of America, Appellee. No. 22765. United States Court of Appeals Ninth Circuit. Jan. 6, 1969. 1 Wm. S. Hochman (argued) San Francisco, Cal., for appellant. 2 Phillip Johnson (argued) Asst. U.S. Atty., Edwin L. Miller, Jr., U.S. Atty., San Diego, Cal., for appellee. 3 Before DUNIWAY and ELY, Circuit Judges, and BYRNE, District Judge. 1 BYRNE, District Judge: 4 A Federal Grand Jury charged appellant in a two cound indictment with aiding and abetting the unlawful smuggling and transportation of heroin in violation of Title 21, United States Code, section 174 . The first count charged that one Sadie Mae Roberts knowingly imported and brought approximately two ounces of heroin into the United States from Mexico and that appellant knowingly aided, abetted, counseled, induced and procured commission of this offense. The second count charged that Sadie Roberts knowingly concealed and facilitated the transportation and concealment of approximately two ounces of heroin which she knew to have been imported and that appellant aided and abetted the commission of this offense. A jury trial was held and appellant was found guilty on…