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JAMES v. UNITED STATES

No. 9059.

350 A.2d 748 (1976)

Claude JAMES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 22, 1976.

Rehearing and Rehearing en Banc Denied April 27, 1976.

Attorney(s) appearing for the Case

Gaillard T. Hunt, Washington, D.C., appointed by this court, for appellant.

Donald L. Abrams, Asst. U.S. Atty., with whom Earl J. Silbert, U.S. Atty., John A. Terry, James F. McMullin, and Regina C. McGranery, Asst. U. S. Attys., were on the brief, for appellee.

Before GALLAGHER, NEBEKER and YEAGLEY, Associate Judges.

NEBEKER, Associate Judge:

This appeal arises from a conviction for possession of the implements of a crime (narcotics paraphernalia), in violation of D.C.Code 1973, § 22-3601. We conclude that the statute does not impermissibly shift the burden of proof when it allows an accused to show innocent possession, that the statute is not vague, and that there are no instructional infirmities.1 We affirm.

Appellant was discovered...

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