COVARRUBIAS v. UNITED STATES

No. 16361.

272 F.2d 352 (1959)

Alfonso Espinoza COVARRUBIAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 28, 1959.


Attorney(s) appearing for the Case

Howard R. Harris, San Diego, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Robert John Jensen, Los Angeles, Cal., Peter J. Hughes, Elmer Enstrom, Jr., Asst. U. S. Attys., San Diego, Cal., for appellee.

Before STEPHENS and HAMLIN, Circuit Judges, and LINDBERG, District Judge.


HAMLIN, Circuit Judge.

Defendant Alfonso Espinoza Covarrubias and his wife Rachel were indicted and charged with smuggling nine and one-half pounds of marihuana into the United States from Mexico at the port of San Ysidro, California, in violation of 21 U.S.C.A. § 176a.1

Both entered pleas of not guilty, but when the case came on for trial on July 29, 1958, Rachel changed her plea...

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