United States v. Donald Maurice Johnson

435 F.2d 1312, 1971 U.S. App. LEXIS 12396

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 14, 1971
• Docket: 26058
• Status: Published

Opinion

PER CURIAM:

The judgment of conviction is affirmed.

There was sufficient evidence on the heroin count (the one seriously contested) to permit the case to go to the jury. We do not find that the presumption allowed by Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, was used.

The point about no members of appellant’s race being on the jury falls under Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759, because there was no tender of a showing that such members were systematically excluded.

The testimony about association with another charged with a crime we find harmless, if it was improperly admitted.