United States v. John David Horne

Defendant and two other persons, Helen Shields and Major Cook, were charged in a four count indictment with knowingly importing heroin (Count I) and cocaine (Count II) from Mexico in violation of 21 U.S.C. § 174 , conspiring to import the narcotics in violation of 21 U.S.C. § 173 (Count IV), and smuggling procaine into the United States without presenting it for inspection in violation of 19 U.S.C. §§ 1459 , 1461, 1484, and 1485 (Count III).

Defendant and Mrs. Shields were tried together before a jury. Both were represented by the same retained counsel. At trial, the government introduced evidence that defendant drove the automo bile in which the narcotics were found across the border, and that Mrs. Shields was a passenger. Defense counsel’s motion to acquit Mrs. Shields on the ground that the evidence was insufficient to show she knew the narcotics were in the automobile was granted at the close of defendant’s case as to all counts except Count IV, the conspiracy charge. The jury acquitted Mrs. Shields on the conspiracy count. Defendant was convicted on all four counts, and was sentenced to five years’ imprisonment on each count, all sentences to run concurrently.

Defendant…