Joseph Richard Clark v. United States

Appellant Clark and a codefendant, Mary Ann Smith, were each charged in count one of an indictment with smuggling forty-five pounds of marihuana in violation of United States Code, Title 21, Section 176a, and in count two with smuggling amphetamine and cyclopal tablets in violation of Title 18, Section 545. Appellant’s motion for acquittal was granted as to count two and he was convicted on count one. His codefendant was convicted of both charges.

On September 24, 1967, appellant drove a vehicle into the United States from Mexico at San Ysidro. A search of the vehicle revealed twenty packages of marihuana concealed in the vehicle. A personal search of codefendant Smith resulted in the discovery of amphetamine tablets, cyclopal capsules and marihuana debris.

After being advised of his constitutional rights, the appellant stated he understood his rights and wished to make a statement. He then admitted he had made arrangements with a Mexican by the name of Markcus to smuggle the marihuana into the United States from Mexico. When told there were twenty kilos in the vehicle, he expressed surprise and said there were only supposed to be five kilos. He stated that he was to receive…