United States v. Gaines

In a jury trial Gaines was found guilty of conspiracy to import marihuana in violation of 21 U.S.C.A. §§ 952(a) and 963. We find without merit his contentions that the district court erroneously failed to give cautionary instructions with respect to hearsay testimony and that there was insufficient evidence to take the case to the jury. Gaines further urges that it was error for the trial court to refuse to instruct *691the jury as to the statutory definition of marihuana. We disagree and affirm,

Noting that the federal statutory definition of marihuana1 refers only to Cannabis sativa L., Gaines…