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UNITED STATES v. DE LA CRUZ

Nos. 17105-17107.

420 F.2d 1093 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Marin DE LA CRUZ, Rafaela Munoz Taguas, and Catalina Munoz Taguas, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

January 15, 1970.

Attorney(s) appearing for the Case

Patrick J. Hughes, Jr., Joseph E. McHugh, Daniel A. Becco, Walter H. Moses, Jr., Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty. John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel, for appellee.

Before CASTLE, Chief Judge, KILEY, Circuit Judge, and GORDON, District Judge.

GORDON, District Judge.1

The three defendants were tried jointly before a jury on narcotics charges. Each was convicted of violating 21 U.S.C. § 174 by concealing and transporting heroin. They were also convicted of conspiring to import heroin into the United States.

At the trial, the defendants contended that they had no knowledge that the smuggled substance was heroin. Such knowledge is an element of the offenses charged...

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