416 F2d 969 United States v. Spangler
416 F.2d 969
UNITED STATES of America, Plaintiff-Appellee,
Carl SPANGLER, Appellant.
United States Court of Appeals Ninth Circuit.
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.