HERNANDEZ v. UNITED STATES

No. 17482.

300 F.2d 114 (1962)

Bernardino Chirez HERNANDEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 15, 1962.


Attorney(s) appearing for the Case

Henry C. Thumann, Lawrence J. Sheehan and Rodney E. Nelson, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan and William D. Keller, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

21 U.S.C. § 174, 21 U.S.C.A. § 1741 makes it a federal offense to import narcotic drugs illegally or to deal with such drugs knowing that they have been illegally imported. The statute provides that whenever the defendant is shown "to have * * * possession" of narcotic drugs, "such possession" shall be sufficient to convict unless explained to the satisfaction...

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