Toby Anthony Gallegos v. United States of America, J. B. Mingo v. United States

LEWIS, Circuit Judge.

Appellants-defendants Mingo and Gallegos were indicted and convicted of a violation of 21 U.S.C.A. § 174. 1 They appeal, alleging their conviction to be based (a) upon incompetent evidence which (b), even had it been competent, would only amount to basing one legal presumption upon another and (c) in any event did not amount to sufficient evidence to warrant conviction.

On December 15, 1955, the sheriff of Lincoln County, New Mexico, received an anonymous tip to the effect that three men driving a blue 1955 Ford automobile would soon be through his area and were unlawfully…