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22
The testimony of the witness charged with aiding and abetting the sale of narcotics was that he went to the basement room, knocked on the door and was admitted by defendant Mungia, who sold him the heroin. The witness was not charged with the sale of the heroin or with a conspiracy to do so. The defendant Mungia on the other hand was charged with conspiring with others to sell heroin. The trier of fact could not have found him guilty of the substantive offense without also finding him guilty of conspiracy. The evidence does not, therefore, support his conviction on the substantive count.
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In this case there was, in addition to the appellant's unsworn statement, an uncorroborated admission of the crime by the defendant himself, a fact which has been held to justify reversal. Wong Sun v. United States, 1963, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441. The record of the trial in the instant case, however, contains nothing more than the evidence on which the defendant was tried.
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Since we have concluded that the evidence was insufficient to sustain the conviction of the appellant, we be359ba680
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