United States v. Jerry Earl Allen

CROCKER, District Judge:

On May 12, 1970, appellant was convicted by jury trial of two counts for violation of Title 21 U.S.C. § 174 (receiving, concealing and facilitating transportation and concealment of a narcotic drug, to wit: heroin), and two counts for violation of Title 21 U.S.C. § 4704(a) (purchasing a narcotic drug, to wit: heroin). He was sentenced to six years on each of the four counts, said sentences to run concurrently.

On appeal, we are asked to determine first, whether the judge in charging the jury as to the statutory inferences contained in § 174 committed prejudicial error…