Legal Opinion

Bernardino Chirez Hernandez v. United States

Court of Appeals for the Ninth Circuit

Decided March 15, 1962No. 17482PublishedCited by 121 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

21 U.S.C. § 174, 21 U.S.C.A. § 174 1 makes it a federal offense to import narcotic drugs illegally or to deal with such drugs knowing that they have been illegally imported. The statute provides that whenever the defendant is shown “to have * * * possession” of nar cotic drugs, “such possession” shall be sufficient to convict unless explained to the satisfaction of the jury. We have held in earlier cases that a defendant has “possession” of narcotic drugs within the meaning of the statute whenever the evidence, direct or circumstantial, shows that he personally shared…

2Cases cited57 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Pinkerton v. United StatesSupreme Court of the United States · 1946
  4. Tot v. United StatesSupreme Court of the United States · 1943
  5. Nye & Nissen v. United StatesSupreme Court of the United States · 1949

52 more not listed; retrieve them via the Exa API.

3Cited by121 opinions

  1. United States v. Craig Warner, April Covey, Samuel L. Kranzthor, Fred W. Daniels, Jr., Friedae. Edwards, Frank Daniels and Michael A. JacobsonCourt of Appeals for the Fifth Circuit · 1971
  2. United States v. RoselliCourt of Appeals for the Ninth Circuit · 1970
  3. United States v. Alexander DurriveCourt of Appeals for the Seventh Circuit · 1990
  4. Jose Verdugo and Horace Eugene Turner v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  5. United States v. F. Thomas Little, United States of America v. Peter Chernik, United States of America v. Harold GrutchfieldCourt of Appeals for the Ninth Circuit · 1985

116 more not listed; retrieve them via the Exa API.

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