UNITED STATES v. POLITE

No. 73-2500 Summary Calendar.

489 F.2d 679 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy L. POLITE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1974.


Attorney(s) appearing for the Case

Gene V. Coker, Jacksonville, Fla. (Court-appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., John J. Daley, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


WISDOM, Circuit Judge:

Jimmy L. Polite appeals from his conviction of possession with intent to distribute 6¼ grams of heroin, in violation of 21 U.S.C. § 841(a). On appeal, he attacks (1) the sufficiency of the evidence; (2) the admission of certain testimony concerning drugs other than those he was charged with possessing in the indictment; and (3) the trial judge's charge to the jury. We affirm.

The defendant was found in his apartment with 6...

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