What is the test for a finding of guilty of possession of a firearm?
MultiRegion, United States of America
The following excerpt is from United States v. Hernandez, 361 F.2d 446 (2nd Cir. 1966):
Standing by itself, this phrase might have been grounds for reversal, since 21 U.S.C. 174 permits the inference of guilt from the fact of possession, but does not require the inference to be drawn. United States v. Evans, 312 F.2d 556, 557 (2d Cir. 1963); see United States v. Gainey, 380 U.S. 63, 85 S.Ct. 754, 13 L.Ed.2d 658 (1965).
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