Marvin Delane White v. United States

Appellant was indicted in Count I for the sale of heroin on June 22, 1959; in Count II for the possession or concealment of heroin on June 22, 1959; and in Count III for possession and concealment of marijuana on June 21, 1960. Upon pleas of not guilty to each count, the trial judge severed Count III. A jury found appellant guilty of Counts I and II, and appellant was sentenced to two concurrent five year terms. Count III was dismissed.

Appellant urges as grounds for appeal:

I. Insufficiency of the evidence of possession as to both counts.

II. The federal rule that an accused can be convicted by the uncorroborated testimony of an accomplice should be changed.

III. Error in instructions with respect to:

IY. The presumption in 21 U.S.C.

V. Prejudicial error of prosecutor in argument to the jury.

We adopt the government’s statement as to the facts of the case, as we must. Glasser v. United States, 1942, 315 U.S. 60 , 62 S.Ct. 457 , 86 L.Ed. 680 .

I

Possession need not be actual possession, if there is circumstantial evidence sufficient to establish dominion and control. Rodella v. United States, 9 Cir., 1960, 286 F.2d 306 ; Cellino v. United States, 9 Cir., 1960, 276 F.2d…