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GALLEGOS v. UNITED STATES

Nos. 5391, 5392.

237 F.2d 694 (1956)

Toby Anthony GALLEGOS, Appellant, v. UNITED STATES of America, Appellee. J. B. MINGO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 11, 1956.

Attorney(s) appearing for the Case

David G. Housman, Albuquerque, N. M. (McAtee, Toulouse & Marchiondo, W. Peter McAtee, Albuquerque, N. M., on the brief), for appellants.

Melvin L. Robins, Asst. U. S. Atty., Albuquerque, N. M. (Paul F. Larrazolo, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appellants-defendants Mingo and Gallegos were indicted and convicted of a violation of 21 U.S.C.A. § 174.1 They appeal, alleging their conviction to be based (a) upon incompetent evidence which (b), even had it been competent, would only amount to basing one legal presumption upon another and (c) in any event did not amount to sufficient evidence to warrant conviction...

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