Legal Opinion
United States v. Earl Bobby Betner
Court of Appeals for the Fifth Circuit
Decided February 8, 1974No. 73-1986PublishedCited by 22 opinions
1Opinion of the Court
RIVES, Circuit Judge:
Betner was adjudged guilty on a jury’s verdict after trial under an indictment which charged that he “knowingly and intentionally did unlawfully distribute about 4.75 grams of heroin hydrochloride, a Schedule I narcotic drug controlled substance, in violation of Title 21, United States Code, Section 841(a)(1).”
Since the indictment charged unlawful distribution, it did not require proof that Betner sold or aided and abetted in the sale of the heroin. United States v. Johnson, 5 Cir. 1973, 481 F.2d 645, 647. The evidence was sufficient to support the jury’s verdict.
Nonethele…
2Cases cited7 opinions
- Remmer v. United StatesSupreme Court of the United States · 1954
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Turner v. LouisianaSupreme Court of the United States · 1965
- United States v. Jessie Kenneth McKinneyCourt of Appeals for the Fifth Circuit · 1970
- Charles Basil Pekar v. United StatesCourt of Appeals for the Fifth Circuit · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
- United States v. Anthony Frank Gaggi, Henry Borelli, Peter Lafroscia, Ronald Ustica, Edward Rendini and Ronald TurekianCourt of Appeals for the Second Circuit · 1987
- United States v. William Henry Forrest and Maxine ForrestCourt of Appeals for the Fifth Circuit · 1980
- United States v. Lloyd Ray BradshawCourt of Appeals for the Tenth Circuit · 1986
- Gregory Dean Caliendo v. Warden of California Men's ColonyCourt of Appeals for the Ninth Circuit · 2004
17 more not listed; retrieve them via the Exa API.