Robert Henry Gardiner v. United States of America, Hunilda Balbas Gardiner v. United States

HUTCHESON, Circuit Judge.

The appellants were tried together and' convicted under separate indictments, for conspiring to smuggle marihuana from Mexico into the United States, transport it to New York, and sell it there, knowing it to have been smuggled, in violation of 21 U.S.C.A. § 176a. 1 The indictment against Robert Gardiner, which was returned first, alleged that he conspired with Arthur Athens, Alberta Edelstein Curtis, and Colette Suzanne Meyers, as well as other, unidentified persons. The later indictment against Robert’s wife, Hunilda Baibas Gardiner, is identical to the earlier one,…