From Casetext: Smarter Legal Research

United States v. Savage

United States Court of Appeals, Second Circuit
Jun 30, 1961
292 F.2d 264 (2d Cir. 1961)

Opinion

No. 413, Docket 26063.

Argued June 19, 1961.

Decided June 30, 1961.

Edward Q. Carr, Jr., New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Alfred Donati, Jr., Asst. U.S. Atty., S.D.N.Y., New York City (Robert M. Morgenthau, U.S. Atty., and Arthur I. Rosett, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before CLARK and SMITH, Circuit Judges, and DAWSON, District Judge.


Here the trial judge, sitting without a jury and acting on clear evidence that defendant had possession of heroin, used the statutory inference permitted from possession to find that the drug had been illegally imported into the United States and that the statute 21 U.S.C. § 174 had been violated. There have been too many cases sustaining this or a like inference as reasonable and rational for us now to hold it invalid. Yee Hem v. United States, 268 U.S. 178, 184, 45 S.Ct. 470, 69 L.Ed. 904; Casey v. United States, 276 U.S. 413, 418, 48 S.Ct. 373, 72 L.Ed. 632; United States v. Moe Liss, 2 Cir., 105 F.2d 144, 146; Velasquez v. United States, 10 Cir., 244 F.2d 416, 419; Cellino v. United States, 9 Cir., 276 F.2d 941, 943-946; Walker v. United States, 5 Cir., 285 F.2d 52, 58-60.

We are indebted to assigned counsel and to the New York Legal Aid Society for ably protecting the rights of the accused.

Conviction affirmed.


Summaries of

United States v. Savage

United States Court of Appeals, Second Circuit
Jun 30, 1961
292 F.2d 264 (2d Cir. 1961)
Case details for

United States v. Savage

Case Details

Full title:UNITED STATES of America, Appellee, v. Joseph SAVAGE, Defendant-Appellant

Court:United States Court of Appeals, Second Circuit

Date published: Jun 30, 1961

Citations

292 F.2d 264 (2d Cir. 1961)

Citing Cases

United States v. Stadter

In United States v. Devenere, 332 F.2d 160 (2d Cir. 1964), this court again rejected the attack on the…

United States v. Sorenson

We are furnished no information as to the amount of the drug manufactured either here or abroad nor are we…