AGOBIAN v. UNITED STATES

No. 18635.

323 F.2d 693 (1963)

Albert AGOBIAN and Albert Egishian, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 16, 1963.


Attorney(s) appearing for the Case

Peter J. Hughes, San Diego, Cal., for appellants.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and Jo Ann Dunne, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and PENCE, District Judge.


BARNES, Circuit Judge.

Appellants were convicted by a jury on one count of possession of heroin. 21 U.S.C. § 174. Appellants urge, as grounds for reversal:

(1) That the last sentence of § 174 requiring defendant, once having been proved to have possession of narcotics to explain that possession, is unconstitutional.

(2) That the evidence is insufficient to sustain the conviction.

We have repeatedly upheld the constitutionality of...

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