Does the jury have the power to determine whether the driver of the vehicle was aware of the collision?
MultiRegion, United States of America
The following excerpt is from United States v. Ascolani-Gonzalez, 449 F.2d 159 (9th Cir. 1971):
This court has consistently held that the question of the occupant's knowledge is particularly within the jury's province, and that once this determination is made, the reviewing court should not disturb the finding where there is a substantial basis for the jury's inference. See United States v. Guzman, 446 F.2d 1137 (9th Cir. 1971). The act of driving
[449 F.2d 160]
a car laden with concealed contraband provides such a substantial basis. Id; Eason v. United States, 281 F.2d 818 (9th Cir. 1960).[449 F.2d 160]
Affirmed.
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