District of Columbia Court of Appeals December 14, 1973, 7052 (Carver v. United States)

NEBEKER, Associate Judge:

This is an appeal from a conviction for possession of dangerous drugs.

1

There are two instructional errors claimed: (1) use of the missing witness instruction, and (2) instructing on “possession” to mean that only “mere custody” need be proven. We reverse and remand for a new trial on the first-claimed error and therefore do not reach the second.