What is the test for failing to prove possession of a drug?
MultiRegion, United States of America
The following excerpt is from United States v. La Rocca, 224 F.2d 859 (2nd Cir. 1955):
The contention of the appellant that the evidence was insufficient to support the verdict is based to a large extent on the mistaken idea that failure to prove his possession of the drug left it so. Though, of course, a seller of narcotics may, and very likely often does, have possession of what he sells, proof of possession is not necessarily a part of the proof of a sale. United States v. Brown, 7 Cir., 207 F.2d 310.
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