Alfred Smith Francis v. United States

HUXMAN, Circuit Judge.

Appellant was indicted, tried, and convicted for violating 26 U.S.C. § 4744(a) (I.R.C.1954), unlawful possession of marihuana. The issue of guilt went to the jury solely on the evidence of the Government.. The defense rested without producing evidence in contradiction thereof. Grounds for reversal urged are that the evidence is insufficient to show that appellant knowingly had in his possession the marihuana seeds discovered in the car he was driving and that the evidence was incompetent to show that the seeds were capable of germinating which they must be to be within…