OLAIS-CASTRO v. UNITED STATES

No. 22988.

416 F.2d 1155 (1969)

Juan Nepomuceno OLAIS-CASTRO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

July 25, 1969.


Attorney(s) appearing for the Case

Andrew G. Wagner (argued), Louis M. Wolfsheimer, San Diego, Cal., for appellant.

Joseph A. Milchen (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellee.

Before HAMLEY and HUFSTEDLER, Circuit Judges, and HALL, District Judge.


HAMLEY, Circuit Judge:

Juan Nepomuceno Olais-Castro appeals from his conviction on a charge of importing and bringing two ounces of heroin into the United States from Mexico on or about September 12, 1967, contrary to 21 U.S.C. § 173 (1964), in violation of 21 U.S.C. § 174 (1964). His only point on appeal is that the trial court erred in refusing to give a requested instruction to the effect that, if the jury so found the facts, they could convict the defendant...

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