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POWELL v. UNITED STATES

No. 21076.

374 F.2d 386 (1967)

David Wilbur POWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 15, 1967.

Attorney(s) appearing for the Case

Donald C. Carroll, San Francisco, Cal., for appellant.

Richard C. Gormley, U. S. Atty., Jo Ann D. Diamos, Philip Fahringer, Asst. U. S. Attys., Tucson, Ariz., for appellee.

Before POPE, HAMLEY and BROWNING, Circuit Judges.

POPE, Circuit Judge.

The appellant was indicted and found guilty of importing into the United States from Mexico, at Nogales, Arizona, approximately one and six-tenths grams of heroin, a narcotic drug, in violation of 21 U.S.C. § 174.

Upon this appeal it is contended that the evidence was insufficient to show that the exhibit containing the alleged drug was actually found on the person of the defendant when he...

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