IVEY v. UNITED STATES

No. 21596.

344 F.2d 770 (1965)

Ernest Leroy IVEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 4, 1965.


Attorney(s) appearing for the Case

Harry M. Reasoner, Houston, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., Homero M. Lopez, Thomas L. Morrill, Asst. U. S. Attys., Houston, Tex., for appellee.

Before WHITAKER, Senior Judge, and RIVES and JONES, Circuit Judges.


WHITAKER, Senior Judge.

Appellant, the defendant below, was convicted of the unlawful importation of a narcotic into the United States, in that he had aided and abetted in its importation, which, under 18 U.S.C. § 2 (1958), made him guilty as a principal.

Ivey and his wife, Ruth Darlene Ivey, accompanied by Margaret Sue Smith and a man named Jimmy Garcia, went to Roma, Texas, or thereabouts, in a white Oldsmobile belonging to Margaret Sue Smith. Either...

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