UNITED STATES v. McCARTHY

No. 24768.

430 F.2d 1289 (1970)

UNITED STATES of America, Appellee, v. William Joseph McCARTHY, Appellant.

United States Court of Appeals, Ninth Circuit.

August 13, 1970.


Attorney(s) appearing for the Case

Roland W. Coffey, Chula Vista, Cal., for appellant; Wm. Joseph McCarthy, pro se.

Harry D. Steward, U. S. Atty., Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and KOELSCH, Circuit Judges, and BYRNE, District Judge.


KOELSCH, Circuit Judge.

William Joseph McCarthy appeals from a judgment of the district court convicting him of smuggling marihuana into the United States from Mexico, as charged in a one count indictment. (21 U.S.C. 176a).

In the district court the only real issue was whether or not McCarthy knew of the presence of the some 35 pounds of marihuana, which Customs Inspector Gaudur discovered in McCarthy's automobile during the search of the vehicle at the border...

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