Casey v. United States, 276 U.S. 413 (1928)

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Casey v. United States

No. 500

Argued January 11, 1928
Decided April 9, 1928
276 U.S. 413

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Where evidence in a criminal trial tends to prove inferentially that the offence was within the venue, and supplementary evidence on that point might be produced if attention were called to it, objection that the venue has not been established should be made specifically, and not rested upon a general request to direct a verdict for want of sufficient evidence. P. 417.

2. Section 1 of the Anti-Narcotic Act, in providing that absence of the required stamps from any of the drugs shall be prima facie evidence of a violation of the section by the person in whose possession such drugs are found, is merely a regulation of the burden of proof. P. 418.

3. This provision is constitutional as applied to a person charged with unlawful purchase of morphine who possessed the drug under circumstances warranting suspicion. P. 418.

4. Upon the evidence in this case, the court, acting on its own motion, would not be justified in deciding that the government induced the crime. P. 418.

5. The amended Anti-Narcotic Act, as applied to this case, is within the power of Congress. P. 420.

20 F.2d 752 affirmed in part.

Certiorari, 275 U.S. 517, to a judgment of the circuit court of appeals affirming a conviction under the Anti-Narcotic Act. The affirmance here is on the first count of the indictment, charging unlawful purchase. The second count, charging sales, was also upheld below, but in this Court was conceded to be bad by the government.