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UNITED STATES v. TIJERINA

Cr. No. 17229.

138 F.Supp. 759 (1956)

UNITED STATES of America, Plaintiff, v. Cruz TIJERINA, Adolfo Mercado Aguilar, Melecio M. Villarreal, Jr., Defendants.

United States District Court S. D. Texas, Laredo Division.

February 22, 1956.

Attorney(s) appearing for the Case

Malcolm R. Wilkey, U. S. Atty., L. Glen Kratochvil, Asst. U. S. Atty., Houston, Tex., Brian S. Odem, Asst. U. S. Atty., Brownsville, Tex., for plaintiff.

Pete Tijerina, San Antonio, Tex., Nicholas Doran, San Antonio, Tex., for defendants.

ALLRED, District Judge.

Defendants were charged by indictment with smuggling into the United States ¼ pound of marihuana in violation of 18 U.S.C. § 545. All entered pleas of not guilty and demanded jury trial. At the conclusion of the evidence the defendants moved for verdict of acquittal which was granted by the court. This memorandum is to reflect the basis of the court's action:

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