Doyle (D) and Wood (D1) were arrested and charged with selling 10 pounds of marijuana to a drug informant. They were tried separately. The evidence presented at both trials was identical in all material aspects. An informant came forward to the government and told them that he would buy 10 pounds of marijuana and needed $1750 to do so and for this transaction, he would get legal favors related to his present legal problems. The banks were closed, and the agents could only produce $1320 and but their informant made the transaction anyway while agents watched. D and D1 did the transaction but soon afterward discovered that they were short $430 and began looking for the informant to get the rest of their money. Ds were stopped by police and arrested, and the $1,320 was recovered. On cross-examination, it was discovered that none of the agents had actually seen the transaction, and according to Ds, the informant had framed them and that the deal was for the informant to sell them 10 pounds of marijuana and that when Ds decided they only wanted just one pound, the informant took the money and threw it in their car. Ds were driving around trying to find the informant to determine what the $1,320 was about. The prosecution was a bit nonplused by this explanation and tried to direct the issues to why D's didn't mention any of this to the agents on scene when they were arrested. D objected to these questions but they were admitted. Ds were convicted and appealed.