United States v. William Joseph McCarthy

KOELSCH, Circuit Judge.

William Joseph McCarthy appeals from a judgment of the district court convicting him of smuggling marihuana into the United States from Mexico, as charged in a one count indictment. (21 U.S.C. 176a).

In the district court the only real issue was whether or not McCarthy knew of the presence of the some 35 pounds of marihuana, which Customs Inspector Gaudur discovered in McCarthy’s automobile during the search of the vehicle at the border port of entry. The principal attention of the parties in the presentation of proof and in argument to the jury, and of the court in its…