UNITED STATES v. WEAVER

No. 71-1172.

458 F.2d 825 (1972)

UNITED STATES of America v. Joseph WEAVER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

February 28, 1972.


Attorney(s) appearing for the Case

Mr. Malcolm Lassman, Washington, D.C. (appointed by this court) was on the brief for appellant.

Messrs. Thomas A. Flannery, U.S. Atty., at the time the brief was filed, and John A. Terry, Herbert B. Hoffman and Barry W. Levine, Asst. U.S. Attys., were on the brief for appellee.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment on a conviction for unlawful possession of a narcotic drug (cocaine) in violation of 33 D.C.Code § 402. Although the statute does not contain the term, the offense prohibited by the law is a knowing possession of the drug. Appellant claims plain error in the judge's failure adequately to instruct the jury on this element of the crime. The judge both read from the indictment, which charged that defendant did "knowingly...

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