EASON v. UNITED STATES

No. 16708.

281 F.2d 818 (1960)

Robert Lewis EASON and Kenneth Lamoyne Nowlin, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 7, 1960.


Attorney(s) appearing for the Case

Howard R. Harris, San Diego, Cal., for appellant Nowlin.

William F. Gavin, San Diego, Cal., for appellant Eason.

Laughlin E. Waters, U. S. Atty., Robert J. Jensen, William Andersen Dougherty, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS, STEPHENS and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

Narcotics were found secreted in appellants' car. Appellants denied knowledge of the presence of the narcotics and established the possibility that they could have been secreted by others without knowledge of appellants. Under the circumstances, could the jury properly infer from the presence of the narcotics that appellants had knowledge of such presence? We hold, under the circumstances of this case, that such inference was available.

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