Natividad Baca v. United States

SETH, Circuit Judge.

Appellant was indicted on six counts, charging him with receiving and concealing heroin, for conspiracy to sell it, and for its sale. Named as a co-defendant was Danny Baca, a cousin of the appellant, who entered a plea of guilty. Appellant was convicted on May 16, 1962, on all counts. On May 18, 1962, when appellant appeared for sentencing, his brother, David Baca, made an unsworn statement to the court that it was he, and not appellant, who was with the co-defendant Danny Baca at the time the sales of heroin were made. The court then postponed any further hearing for…