Cottingham v. United States

296 F. 1022, 1924 U.S. App. LEXIS 3469

Opinion

PER CURIAM.

The charge must be taken all together. So read, it sufficiently stated the necessity of finding that the acts of possession or sale were pursuant to a precedent common plan. We cannot think that the jury was likely to be misled in this particular by such parts of the charge as .are now claimed to indicate that guilt of conspiracy might be predicated merely upon these acts pnd in the absence of any common plan. The judgment is affirmed.