UNITED STATES v. GREGORY

No. 41, Docket 27533.

309 F.2d 536 (1962)

UNITED STATES of America, Appellee, v. William P. GREGORY and Albert Sumpter, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided October 29, 1962.


Attorney(s) appearing for the Case

La Muriel Morris, New York City, for defendant-appellant William P. Gregory.

Joseph I. Stone and Rudolph L. Zalowitz, Elizabeth, N. J., for defendant-appellant Albert Sumpter.

Robert J. Geniesse, Asst. U. S. Atty., Southern District of New York, New York City (Vincent L. Broderick, U. S. Atty., and Arthur I. Rosett, Asst. U. S. Atty., on the brief), for appellee.

Before LUMBARD, Chief Judge, and FRIENDLY and KAUFMAN, Circuit Judges.


LUMBARD, Chief Judge.

William P. Gregory and Albert Sumpter appeal from their convictions by Judge Cashin, sitting without a jury, in the District Court for the Southern District of New York, for violation of the narcotics laws, 21 U.S.C. §§ 173, 174. Each appellant claims the evidence was insufficient to prove possession and to raise the statutory presumption of knowledge of illegal importation. Finding no merit in these contentions, we affirm.

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