United States v. Joseph Weaver

This is an appeal from a judgment on a conviction for unlawful possession of a narcotic drug (cocaine) in violation of 33 D.C.Code § 402. Although the statute does not contain the term, the offense prohibited by the law is a knowing possession of the drug. Appellant claims plain error in the judge’s failure adequately to instruct the jury on this element of the crime. The judge both read from the indictment, which charged that defendant did “knowingly” possess a narcotic drug, and instructed that one of the elements of the crime was that “the defendant knowingly” had cocaine in his possession.