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UNITED STATES v. CHRISTION

Nos. 24373, 24395.

426 F.2d 787 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Robert CHRISTION, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Henry L. FRAZIER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 14, 1970.

Attorney(s) appearing for the Case

Leonard Gang, Las Vegas, Nev., for Christion.

V. DeVoe Heaton, of Albright & Heaton, Las Vegas, Nev., for Frazier.

Robert S. Linnell (argued), U. S. Atty., Las Vegas, Nev., for appellee.

Before CHAMBERS, JERTBERG, and BROWNING, Circuit Judges.

PER CURIAM:

Defendants' constitutional challenge to the inference authorized by 21 U.S.C. § 174 as applied to heroin cases is disposed of by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (January 20, 1970).

We agree with defendants, however, that prejudicial error occurred in instructing the jury regarding the inference.

The jury was informed that the "explanation of possession to the satisfaction...

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