239 F.2d 952 - Ferguson v. United States — 239 F.2d 952

How this case has been cited

Cited by 4 later decisions — most recently March 1970

3 federal appellate · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Mr. Curtis P. Mitchell, Washington, D. C., with whom Mr. John A. Shorter, Jr., Washington, D. C., was on the brief, for appellant.

¶2Mr. E. Tillman Stirling, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee.

¶3Before EDGERTON, Chief Judge, and FAHY and BURGER, Circuit Judges.

¶4PER CURIAM.

¶5The appellant was convicted of knowingly having in his possession a paper “to be used in the numbers game”. It is unlawful in the District of Columbia for any person to “knowingly have in his possession … any … paper … used or to be used in violating the provisions of sections 22-1501, 22-1504, or 22-1508 … D.C. Code (1951 Ed., Supp. IV) § 22-1502. Section 22-1508 makes it unlawful to “purchase, possess, own, or acquire any chance, right, or interest … in any policy lottery or any lottery …

¶6It was proved that in executing a search warrant, police found in appellant’s possession papers on which numbers were written. An officer who quali*953fied as an expert testified in effect that these papers were numbers slips. Appellant testified in effect that he intended to play these numbers.

¶7Since conscious possession of papers “to be used in violating … 22-1508” was clearly proved, § 1502 covers the case and there is no constitutional difficulty. Cf. Benton v. United States, 98 U.S.App.D.C. 84, 232 F.2d 341.

¶8Affirmed.