United States v. Gary Lee Wentz, United States of America v. Darrell Dallas Jones

In this case, two separate appellants, Wentz and Jones, appeal their convictions of offenses involving marijuana. The indictment was in five counts. Three defendants were named, the two appellants and one Tejada. All the crimes charged are alleged to have occurred on a single date, i. e., October 19, 1970. In order to deal clearly with the contentions of appellants, it is necessary to summarize each count and the final disposition of each.

Count One charged all three defendants with a conspiracy to import marijuana illegally and to receive, conceal, sell and facilitate the transportation, concealment and sale of the same. All three defendants were convicted under Count One.

Count Two charged all three defendants with the substantive offense of importing illegally 465 pounds of marijua na. A motion for acquittal as to Tejada was granted on Counts Two and Three at the conclusion of the case. The jury found Wentz guilty and Jones not guilty on this Count.

Count Three charged that all three defendants knowingly received, concealed and facilitated the transportation and concealment of the said 465 pounds of marijuana. The result of Count Three was the same as Count Two, i. e.,…