416 F2d 969 United States v. Spangler

416 F.2d 969

UNITED STATES of America, Plaintiff-Appellee,
Carl SPANGLER, Appellant.

No. 23617.

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.


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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.