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UNITED STATES v. JOHNSON

No. 26058.

435 F.2d 1312 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Maurice JOHNSON, Appellant.

United States Court of Appeals, Ninth Circuit.

January 14, 1971.

Attorney(s) appearing for the Case

Rush Glick (argued), San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Joseph A. Milchen, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM:

The judgment of conviction is affirmed.

There was sufficient evidence on the heroin count (the one seriously contested) to permit the case to go to the jury. We do not find that the presumption allowed by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, was used.

The point about no members of appellant's race being on the jury falls under Swain...

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