Stewart v. United States

In this appeal from convictions of one count of possession of marijuana 1 and one count of possession of phencyclidine (PCP), 2 appellant asserts that: (1) the trial court erred in failing to instruct the jury on the defense of innocent possession; and (2) the convictions subjected him to double jeopardy because the trial court, after granting his motion for judgment of acquittal when the government rested its case, reversed itself and allowed the trial to continue to its conclusion. We affirm.

I

Appellant, an usher employed by the Warner Theater, was, on the evening of March 20, 1979,…