United States v. Morris Ray Caldwell

Following a joint trial, Morris Ray Caldwell (appellant) and his co-defendant Lee Marshall Harris, were convicted of receiving, etc. marihuana and amphetamine tablets smuggled into the United States from Mexico. 21 U.S.C. § 176a and 18 U.S.C. § 545 . Each duly noticed an appeal. However, Harris was considerably more prompt than appellant in perfecting his appeal. As a result, the Harris appeal was heard and decided by this court some time well before appellant’s could be submitted. We summarily, and by unpublished order filed September 2, 1971, reversed the judgment against Harris on the ground that the evidence was manifestly insufficient to sustain the verdict.

Appellant now urges that the proof against him was likewise deficient. But the government, although questioning our ruling in Harris, counters with the assertion that the record does contain the further evidence relevant to appellant (but perhaps not to Harris) necessary to establish the essential element of appellant’s scienter, an element which the government failed to prove in its case against Harris.

We disagree.

The “further evidence” relied upon by the government consisted of the testimony of the informer and…