United States of America, Plaintiff-appellee, v. Carl Spangler, Appellant, 416 F.2d 969 (9th Cir. 1969)

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U.S. Court of Appeals for the Ninth Circuit - 416 F.2d 969 (9th Cir. 1969) October 17, 1969

Appeal from the United States District Court for the Southern District of California; C. A. Muecke, Judge.

Richard A. Walton, of Dahlstrum, Walton, Butts & Bergman, Hollywood, Cal., for appellant.

Edwin L. Miller, Jr., U. S. Atty., Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for appellee.


Before CHAMBERS, ELY and KILKENNY, Circuit Judges.


The judgment appealed from is reversed. The question of proof of possession is a close one, but we find it falls a little short of proof beyond a reasonable doubt, resolving here, of course, all inferences in favor of the government.

It would appear that the indictment should be dismissed.