CASTLE v. UNITED STATES

No. 17894.

347 F.2d 492 (1965)

James CASTLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 19, 1964.

Certiorari Denied May 24 and June 7, 1965.


Attorney(s) appearing for the Case

Mr. Worth Rowley (appointed by this court), Washington, D. C., for appellant.

Mr. Gerald A. Messerman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Timothy C. Murphy, Asst. U. S. Attys., were on the brief, for appellee.

Before BURGER, WRIGHT and McGOWAN, Circuit Judges.


Certiorari Denied May 24 and June 7, 1965. See 85 S.Ct. 1568, 1811.

WRIGHT, Circuit Judge:

In this narcotics case, the primary issues raised concern appellant's claim that, because of his narcotics addiction, he lacked the capacity to commit the offense, and that the trial court erred in failing to direct a judgment of acquittal.

The evidence against appellant was that eleven capsules of heroin were found, after a search with warrant, in a dresser...

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