United States v. William C. Ross, United States of America v. Terry Malone, United States of America v. Herman Wade Malone

Defendants were charged in a ten-count indictment with violations of Title 21 United States Code, Section 174 — Unlawful Sale and Concealment of Heroin and Conspiracy to Sell Heroin.

The ten incidents covered by the indictment occurred over a period of approximately two and one-half months, from January 29, 1970 to April 10, 1970. The indictment was returned on May 27, 1970, and after four agreed continuances, trial commenced on March 15, 1971.

Defendant Porter pleaded guilty to one count ánd at the time of judgment and sentence the court dismissed the remaining counts against him. Although defendant Porter filed notice of appeal to this court, he failed to perfect the same and his appeal was dismissed by separate order for want of prosecution.

Defendant Ross was found guilty by a jury of four counts, Terry Malone of one count, and Herman Malone, one count.

In this consolidated appeal the defendants Malone present two issues: The first is that the “long delay” between the January 29th incident charged in count 1, of which Terry Malone was found guilty, and his first knowledge of the charge against him (a period of approximately four months) resulted in a loss of memory as to…