United States v. Theodore Lee Harding

When Theodore Lee Harding crossed the border from Mexico to the United States at 10:30 a. m., on July 15, 1969, a customs inspector at the Port of Entry found five Mexican aliens inside the trunk of Harding’s Chrysler Imperial. As a result of this incident, a federal grand jury returned a nine-count indictment against Harding.

In counts one, two and three, he was charged with inducing the illegal entry of three of these aliens (one named in each count), in violation of 8 U.S.C. § 1324 (a) (4). In counts four, five and six, Harding was charged with illegally bringing these aliens into the United States, in violation of 8 U.S.C. § 1324 (a) (1). In counts seven, eight and nine, he was charged with transporting the three aliens in the United States, in violation of 8 U.S.C. § 1324 (a) (2). After a jury trial, Harding was acquitted on counts one, two and three, and convicted on the remaining six counts. This appeal followed.

Harding first argues that the jury verdict is not supported by sufficient evidence.

Since Harding had the aliens in the trunk of his car at the Port of Entry, the only question is whether he then knew they were concealed in his car. If so, the jury could find…