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UNITED STATES v. DUKE

No. 27673.

423 F.2d 387 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Washington Forest DUKE and John Richard Liles, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 25, 1970.

Attorney(s) appearing for the Case

Arturo C. Gonzalez, Del Rio, Tex., for appellants.

Seagal V. Wheatley, U. S. Atty., Warren N. Weir, Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

Duke and Liles appeal from judgments of conviction based upon a jury's verdict of guilty on each of three counts involving heroin.1 The critical question presented for review is whether the evidence of their possession of the heroin is sufficient to sustain their convictions.

The validity with respect to heroin of the last paragraph of 21 U.S.C. 174 (n. 1, supra), making possession of heroin sufficient...

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