Legal Opinion

United States v. Arthur Lee Bycer, T/a Bycer's Pharmacy

Court of Appeals for the Third Circuit

Decided March 9, 1979No. 78-1869PublishedCited by 27 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

Inferences from established facts are accepted methods of proof when no direct evidence is available. It is essential, however, that there be a logical and convincing connection between the facts established and the conclusion inferred. We find that correlation lacking in this case where inferences of illegal drug distribution were drawn from a pharmacist’s inability to reconcile his inventory of controlled substances with records of shipments to his store. Since there was no other evidence to establish the prosecution’s case on distribution, we vacate…

2Cases cited13 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Glasser v. United StatesSupreme Court of the United States · 1942
  3. Burks v. United StatesSupreme Court of the United States · 1978
  4. Holland v. United StatesSupreme Court of the United States · 1955
  5. Turner v. United StatesSupreme Court of the United States · 1970

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

3Cited by27 opinions

  1. United States v. Amos Salmon, No. 90-3355, Raymond E. Washington, No. 90-3363, Richard Fitzpatrick, No. 90-3366, John Surratt, No. 90-3438Court of Appeals for the Third Circuit · 1991
  2. People v. GonzalesSupreme Court of Colorado · 1983
  3. Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1980
  4. United States v. Darrin Casper, A/K/A Barry JacksonCourt of Appeals for the Third Circuit · 1992
  5. United States v. James P. McNeillCourt of Appeals for the Third Circuit · 1989

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

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