Lloyd Thomas and Kenneth White v. United States

On this appeal from a narcotics (marijuana) conviction, the appellants have two points: First, prejudicial remarks by government counsel and, second, insufficiency of the evidence.

The Assistant United States Attorney was overly expansive in an opening statement, and defendants moved for a mistrial. The motion was denied and the jury properly cautioned to disregard the statements. Approximately the same material later did come into evidence without objection. We find the point without merit.

Further, we find the evidence adequately supports the guilty verdict and judgment of conviction.