BYRNE, District Judge:
Appellant Baca was convicted of violating 21 U.S.C. § 174, by verdict of a jury.
On October 14, 1967, about 9:00 P.M., a Nogales, Arizona, police officer, Sgt. Salmon, saw Baca and a companion named Duran, coming down a steep hill near the International Boundary. There was no roadway or path on the hill, "It is just grass". The boundary is marked with an 8-foot fence. In October, 1967, in the area in which Baca and Duran were seen...
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