United States v. Emelda Smith

Ninth Circuit

United States v. Emelda Smith

427 F.2d 1164

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 8, 1970

Docket25031_1

StatusPublished

Cited by2 cases

This text of 427 F.2d 1164 (United States v. Emelda Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Emelda Smith, 427 F.2d 1164 (9th Cir. 1970).

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PER CURIAM:

The judgment appealed from is affirmed.

On the point of failure of proof, whatever shortage of direct evidence there is, sufficient circumstantial evidence is found to give the necessary inferences and to find guilt beyond a reasonable doubt. Also, disbelief by the jury of defendant’s testimony would here present some damaging affirmative inferences.

The decision in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970), vitiates in this heroin case defendant’s point on the application of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

The trial court gave an instruction on aiding and abetting to which objection was made. We are inclined to believe that the instruction was not inappropriate, but if it was not required, we would consider it really harmless.

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PER CURIAM:

The judgment appealed from is affirmed.

On the point of failure of proof, whatever shortage of direct evidence there is, sufficient circumstantial evidence is found to give the necessary inferences and to find guilt beyond a reasonable doubt. Also, disbelief by the jury of defendant’s testimony would here present some damaging affirmative inferences.

The decision in Turner v. United States, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610 (1970), vitiates in this heroin case defendant’s point on the application of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

The trial court gave an instruction on aiding and abetting to which objection was made. We are inclined to believe that the instruction was not inappropriate, but if it was not required, we would consider it really harmless.

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427 F.2d 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-emelda-smith-ca9-1970.

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