WILLIAMS v. UNITED STATES

No. 17148.

290 F.2d 451 (1961)

Clyde WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 4, 1961.


Attorney(s) appearing for the Case

Edgar Paul Boyko, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Division, Gary B. Fleischman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and WALSH, District Judge.


BARNES, Circuit Judge.

Appellant was charged in a two count indictment (a) with the sale of and (b) with knowingly receiving or concealing marijuana. Each count refers to the same date and the same amount of marijuana. The court without a jury, found appellant not guilty of the count I sale and guilty of the count II concealment.

Appellant urges as error:

1. There was no proof of possession of the marijuana by appellant, and hence no inference that...

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