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UNITED STATES v. REID

No. 532, Docket 29548.

347 F.2d 344 (1965)

UNITED STATES of America, Appellee, v. Robert REID, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 23, 1965.

Attorney(s) appearing for the Case

Randolph Guggenheimer, Jr., New York City (Anthony F. Marra, The Legal Aid Soc., New York City), for appellant.

Daniel R. Murdock, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, Charles A. Stillman, Asst. U. S. Atty., New York City), for appellee.

Before KAUFMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM:

This is an appeal from a conviction for violation of 21 U.S.C. §§ 173, 174 (1958).

The charge of which appellant complains was not as clear as would be desirable in instructing the jury on the effect of the presumption of illegal importation.

"In short, a finding of possession authorizes conviction, but does not compel it. It permits the jury to infer that all of the elements requisite...

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