UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ARTHUR MARRON, DEFENDANT-APPELLANT
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The court held that the statutory provision allowing conviction for unexplained possession of heroin is constitutional, and the trial court did not err in its rulings.
Appellant was convicted of possessing and selling heroin. He challenged the statute under which he was convicted, arguing it was unconstitutional, and…
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PER CURIAM:
Appellant, convicted of concealing, possessing and selling heroin in violation of 21 U.S.C. § 174, attacks the provision of that section that permits unexplained possession to be sufficient to authorize conviction. He relies on Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969). The Supreme Court has rejected this contention in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970).
Appellant’s entrapment defense was sufficiently rebutted by the testimony of the Government informer to warrant submission of the matter to the jury. It was not error, therefore, to re fuse to rule that the defense had been established as matter of law.
The remarks of counsel for the United States from which erroneous inference might have been drawn as to the nature and effect of appellant’s prior felony conviction was the subject of prompt, positive and comprehensive admonitions to the jury by the trial judge. The circumstances, in our judgment, were not such as to require mistrial.
Judgment affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Leary v. United States, 395 U.S. 6 (U.S. 1969)
- Turner v. United States, 396 U.S. 398 (U.S. 1970)