BYRTH v. UNITED STATES

No. 17387.

327 F.2d 917 (1964)

Eunice BYRTH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

February 17, 1964.


Attorney(s) appearing for the Case

James Bell, St. Louis, Mo., for appellant.

Richard D. FitzGibbon, Jr., U. S. Atty., and William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.


MEHAFFY, Circuit Judge.

Defendant Eunice Byrth has appealed his conviction by the United States District Court, sitting without a jury, for the possession and sale of narcotics in violation of 21 U.S.C.A. § 174 and 26 U.S.C.A. § 4705(a). The defendant maintains that deficiencies in the Government's circumstantial evidence precluded the trial court from finding beyond every reasonable hypothesis that the defendant was the source from which an informer working...

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