U.S. Court of Appeals for the Sixth Circuit, 1924

Cottingham v. United States

Cottingham v. United States
U.S. Court of Appeals for the Sixth Circuit · Decided April 11, 1924
296 F. 1022; 1924 U.S. App. LEXIS 3469

Cottingham v. United States

Opinion of the Court

PER CURIAM.

The charge must be taken all together. So read, it sufficiently stated the necessity of finding that the acts of possession or sale were pursuant to a precedent common plan. We cannot think that the jury was likely to be misled in this particular by such parts of the charge as .are now claimed to indicate that guilt of conspiracy might be predicated merely upon these acts pnd in the absence of any common plan. The judgment is affirmed.

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