
    UNITED STATES of America, Plaintiff-Appellee, v. Carl SPANGLER, Appellant.
    No. 23617.
    United States Court of Appeals Ninth Circuit.
    Oct. 17, 1969.
    Richard A. Walton, of Dahlstrum, Walton, Butts & Bergman, Hollywood, Cal., for appellant.
    Edwin L. Miller, Jr., U. S. Atty., Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for appellee.
    Before CHAMBERS, ELY and KIL-KENNY, Circuit Judges.
   DECISION

PER CURIAM.

The judgment appealed from is reversed. The question of proof of possession is a close one, but we find it falls a little short of proof beyond a reasonable doubt, resolving here, of course, all inferences in favor of the government.

It would appear that the indictment should be dismissed.  