UNITED STATES v. JEWELL

No. 74-2832.

532 F.2d 697 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Demore JEWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied July 21, 1976.


Attorney(s) appearing for the Case

Robert W. Ripley, Jr., San Diego, Cal., for defendant-appellant.

William A. Bower, Asst. U. S. Atty., on the brief, James W. Meyers, Asst. U. S. Atty., on the petition for rehearing, Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED and KENNEDY, Circuit Judges.


Certiorari Denied July 21, 1976. See 96 S.Ct. 3173.

OPINION

BROWNING, Circuit Judge:

We took this case in banc to perform a simple but necessary "housekeeping" chore. The opinion in United States v. Davis, 501 F.2d 1344 (9th Cir. 1974), refers to possession of a controlled substance, prohibited by 21 U.S.C. § 841(a)(1), as a "general intent" crime. If this means that the mental state required for conviction...

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