Kenneth R. Marsh and Marion W. Martinez v. United States

RIVES, Circuit Judge:

Marsh and Martinez were convicted under a one-count indictment which charged in part:

“That within the five years last past, in the Laredo Division of the Southern District of Texas, and elsewhere, within the jurisdiction of this Court, one KENNETH R. MARSH, and one MARION W. MARTINEZ, also known as ‘Tony,’ both being herein indicted, and one John Taylor Malone, not herein indicted, hereinafter sometimes called the conspirators, did unlawfully, wilfully, and knowingly combine, conspire, confederate, and agree together, with one another, and each with the other, and with…