Covarrubias v. United States, 16361.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | STEPHENS and HAMLIN, Circuit , and LINDBERG |
| Citation | 272 F.2d 352 |
| Parties | Alfonso Espinoza COVARRUBIAS, Appellant, v. UNITED STATES of America, Appellee. |
| Docket Number | No. 16361.,16361. |
| Decision Date | 28 October 1959 |
272 F.2d 352 (1959)
Alfonso Espinoza COVARRUBIAS, Appellant,
v.
UNITED STATES of America, Appellee.
No. 16361.
United States Court of Appeals Ninth Circuit.
October 28, 1959.
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 to guilty. The trial proceeded as to appellant alone, and he was convicted by the jury and sentenced to imprisonment in accordance with law.
He appealed from the judgment of conviction and from the denial of his motion for acquittal and for a new trial. This court has jurisdiction of the appeal under 28 U.S.C.A. § 1291.
The evidence showed that appellant and his wife Rachel, apparently residents of southern California, returned to the United States from Mexico on March 29, 1958, in a 1955 Buick automobile which was registered to the appellant and his wife. At the border, when questioned, the appellant stated he was bringing no merchandise from Mexico. He was then asked to open the trunk of the automobile, which was locked. Appellant produced a key to the trunk and opened it. The automobile was on a "lookout" list which indicated that it was to be given a special detailed search. Appellant was directed to another inspection area where the spare tire was removed from the automobile and the air let out. The tire was then taken to a gasoline station where it was removed from the wheel and some nine and a half pounds of material, later proved to be marihuana, was removed from inside the tire. The appellant denied knowing anything about the marihuana.
The only specifications of error by appellant are (1) that the evidence was insufficient to support the guilty verdict and (2) that the Court erred in sustaining an objection to a question regarding the narcotics record of a third person.
In addition to the evidence which is set out above and established by government witnesses, the defendant testified as...
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Rodella v. United States, 16846.
...9 Cir., 1958, 257 F.2d 121, 128; Johnson v. United States, 9 Cir., 1959, 270 F.2d 721, 723; Covarrubias v. United States, 9 Cir., 1959, 272 F.2d 352, 364; Cellino v. United States, 9 Cir., 1960, 276 F.2d 941, 945. And see: United States v. Pisano, 7 Cir., 1951, 193 F.2d 355, at page 360, 31......
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United States v. Ramos, 67 Cr. 296.
...(1963); Sykes v. United States, 312 F.2d 232 (8th Cir.), cert. denied, 373 U.S. 942, 83 S.Ct. 1551 (1963); Covarrubias v. United States, 272 F.2d 352 (9th Cir. 1959); Evans v. United States, 257 F.2d 121 (9th Cir.), cert. denied, 358 U.S. 866, 79 S.Ct. 98, 3 L.Ed.2d 99 (1958); Braswell v. U......
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State v. Attardo, 19951
...Eason v. United States, 281 F.2d 818 (9th Cir. 1960); United States v. Pinna, 229 F.2d 216 (7th Cir. 1956); Covarrubias v. United States, 272 F.2d 352 (9th Cir. 1959). It can be proved by the evidence of acts, declarations, or conduct of the accused from which the inference may be drawn tha......
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Eason v. United States, 16708.
...that appellants had put it there. Possession can be established by circumstantial evidence. Covarrubias v. United States, 9 Cir., 1959, 272 F.2d 352; Evans v. United States, 9 Cir., 257 F.2d 121, supra; United States v. Malfi, 3 Cir., 1959, 264 F.2d 147, certiorari denied 361 U.S. 817, 80 S......
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Rodella v. United States, 16846.
...9 Cir., 1958, 257 F.2d 121, 128; Johnson v. United States, 9 Cir., 1959, 270 F.2d 721, 723; Covarrubias v. United States, 9 Cir., 1959, 272 F.2d 352, 364; Cellino v. United States, 9 Cir., 1960, 276 F.2d 941, 945. And see: United States v. Pisano, 7 Cir., 1951, 193 F.2d 355, at page 360, 31......
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State v. Attardo, 19951
...Eason v. United States, 281 F.2d 818 (9th Cir. 1960); United States v. Pinna, 229 F.2d 216 (7th Cir. 1956); Covarrubias v. United States, 272 F.2d 352 (9th Cir. 1959). It can be proved by the evidence of acts, declarations, or conduct of the accused from which the inference may be drawn tha......
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United States v. Ramos, 67 Cr. 296.
...(1963); Sykes v. United States, 312 F.2d 232 (8th Cir.), cert. denied, 373 U.S. 942, 83 S.Ct. 1551 (1963); Covarrubias v. United States, 272 F.2d 352 (9th Cir. 1959); Evans v. United States, 257 F.2d 121 (9th Cir.), cert. denied, 358 U.S. 866, 79 S.Ct. 98, 3 L.Ed.2d 99 (1958); Braswell v. U......
-
Eason v. United States, 16708.
...that appellants had put it there. Possession can be established by circumstantial evidence. Covarrubias v. United States, 9 Cir., 1959, 272 F.2d 352; Evans v. United States, 9 Cir., 257 F.2d 121, supra; United States v. Malfi, 3 Cir., 1959, 264 F.2d 147, certiorari denied 361 U.S. 817, 80 S......