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UNITED STATES v. LA ROCCA

No. 337, Docket 23507.

224 F.2d 859 (1955)

UNITED STATES of America, Appellee, v. Charles LA ROCCA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 19, 1955.

Attorney(s) appearing for the Case

J. Edward Lumbard, U. S. Atty., for Southern Dist. of New York, New York City, for appellee. Martin Carmichael, Jr., Asst. U. S. Atty., New York City, of counsel.

Henry A. Lowenberg, New York City, Attorney for defendant-appellant. Henry A. Lowenberg and Jacob W. Friedman, New York City, of counsel.

Before CHASE and MEDINA, Circuit Judges, and RYAN, District Judge.

PER CURIAM.

The contention of the appellant that the evidence was insufficient to support the verdict is based to a large extent on the mistaken idea that failure to prove his possession of the drug left it so. Though, of course, a seller of narcotics may, and very likely often does, have possession of what he sells, proof of possession is not necessarily a part of the proof of a sale. United States v. Brown, 7 Cir., 207 F.2d 310...

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