UNITED STATES v. MORTON

No. 406, Docket 29481.

376 F.2d 606 (1967)

UNITED STATES of America, Appellee, v. Henry MORTON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 8, 1967.


Attorney(s) appearing for the Case

Otto G. Obermaier, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., Southern District of New York, and John R. Wing, Asst. U. S. Atty., New York City, on the brief), for appellee.

Edward Farman, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, SMITH and FEINBERG, Circuit Judges.


PER CURIAM.

Henry Morton appeals from a judgment of conviction and a ten-year sentence entered in the Southern District on April 21, 1964, following a jury verdict, on a single count charging the illegal sale of narcotics in violation of 21 U.S.C. §§ 173, 174. His sole contention on appeal is that the trial judge failed to charge the jury that it might "either infer or not infer" from a finding of possession that the heroin was imported and that the defendant...

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