United States v. Joseph Addison Vansant

This is an appeal from appellant’s conviction by a jury verdict of the posses sion of ten pounds of marijuana. Appellant and two minors were arrested when some object, later ascertained to be marijuana, was thrown out of the automobile by the appellant during a chase by Custom officials. One of the three young men.(Rutledge) turned state’s evidence, and told the story of how the marijuana was arranged for in Mexico with a Mexican taxicab driver, and picked up on the next day on this side of the border near the border line.

No testimony was introduced in defense. Three errors are now alleged:

1. That the jury was wrongfully instructed it could infer unlawful importation from possession.

If the jury believed the testimony of Rutledge there was no need to rely on any inference. The defense made no objection to the court’s instructions (R.T. 139-40), and hence waived error, unless we determine it was plain error for the court to give the instruction. We hold it was not. The Leary ease expressly left open the very question appellant now wishes to raise, and Leary was decided two weeks before this case was tried. Leary v. United States, May 19, 1969, 395 U.S. 6, 47-52 , 89 S.Ct. 1532…