United States v. Herman Knight and Ralph Knight

Appellants were charged with a conspiracy under 18 U.S.C. § 371 to (1) wilfully and knowingly encourage and induce Mexican aliens to enter the United States illegally, a violation of 8 U.S.C. § 1324 (a) (4); (2) to wilfully and knowingly transport Mexican aliens, then iltection, Mexican aliens illegally within the United States, a violation of § 1324 (a) (3); and (3) to wilfully and knowingly transport, Mexican aliens, then illegally within the United States, a violation of 8 U.S.C. § 1324 (a) (2).

Co-conspirators John Besse and Vicente Ruiz-Tellez were named but not indicted. Appellants were convicted at a jury trial and sentenced to imprisonment for a period of two years.

Each appellant was represented by separate counsel in the trial court, and they filed separate briefs. We will consider the appeals together.

THE QUESTIONS PRESENTED

Appellant Herman Knight contends:

(1) The evidence was insufficient to support the verdict;

(2) The prosecutor made an impermissible comment on appellant’s failure to testify;

(3) It was error for the court to sustain the government’s claim of privilege as to the identity of an informer.

Appellant Ralph Knight contends:

(1) The court erred…