In what circumstances will a jury find that a person apprehended with drugs in his possession intended to sell the drugs himself?

In view of the vast amount of drugs here involved¹ and the recognition that their sale is enormously profitable, it is reasonable in our view to conclude beyond a reasonable doubt that the person apprehended with them in his possession under the circumstances outlined, intended to sell them himself. While it is possible that he was a messenger or courier, the jury was told specifically that this was not sufficient. As we have recently held "we in no way subscribe to the doctrine that `where the Government's evidence is circumstantial it must be such as to exclude every reasonable hypothesis other than that of guilt'. . ." United States v. Taylor, 464 F.2d 240, 244 (2d Cir. 1972).

Affirmed.

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Notes:

1 See also United States v. Knight, 395 F.2d 971, 975 (2d Cir. 1968), cert. denied, 395 U.S. 930, 89 S.Ct. 1776, 23 L.Ed.2d 249 (1969) discussing the rebuttable statutory presumption of intent to sell or distribute arising from the transportation of a quantity of obscene matter (18 U.S.C. 1465 (1970)).

Notes:

1 See also United States v. Knight, 395 F.2d 971, 975 (2d Cir. 1968), cert. denied, 395 U.S. 930, 89 S.Ct. 1776, 23 L.Ed.2d 249 (1969) discussing the rebuttable statutory presumption of intent to sell or distribute arising from the transportation of a quantity of obscene matter (18 U.S.C. 1465 (1970)).