United States v. Mike Howard
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WEBSTER, Circuit Judge.
This case presents for our consideration the effect of jury verdicts finding the defendant guilty of both the offense as charged and also of a lesser included offense.
Appellant Mike Howard was tried on an indictment charging him in two counts with distributing heroin in violation of 21 U.S.C. § 841(a)(1). At appellant’s request the District Judge 1 instructed the jury that if as to either count they found unlawful possession, but no intent to distribute, they could find Howard guilty of the lesser included offense of simple possession, 2 a misdemeanor. When the jurors…
2Cases cited18 opinions
- Bozza v. United StatesSupreme Court of the United States · 1947
- Posey v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- United States v. Hilton Benn, Jr., United States of America v. James W. HuntCourt of Appeals for the D.C. Circuit · 1973
- United States v. James A. LewisCourt of Appeals for the D.C. Circuit · 1973
- United States v. Jerome Johnson, United States of America v. Samuel A. Smith, Jr.Court of Appeals for the D.C. Circuit · 1973
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3Cited by38 opinions
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- Edwin Jones v. Jimmy JonesCourt of Appeals for the Eighth Circuit · 1991
- United States v. Pete HernandezCourt of Appeals for the Fifth Circuit · 1979
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