John Henry Williams and Henry Dennis Stamp v. United States

MERRILL, Circuit Judge:

Appellants, convicted of transportation and concealment of heroin in violation of 21 U.S.C. § 174, have appealed judgment of conviction. Upon their assignments of error we rule as follows:

1. The evidence was sufficient to support the jury verdict. Although appellants’ codefendant was the only one proved to have been in actual, physical possession of the heroin, the evidence was sufficient to establish joint venture.

2. Failure of the court to strike testimony respecting the field test of the heroin for lack of sufficient foundation was, in absence of motion to strike,…