UNITED STATES v. BYCER

No. 78-1869.

593 F.2d 549 (1979)

UNITED STATES of America, Appellee, v. Arthur Lee BYCER, t/a Bycer's Pharmacy, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 9, 1979.


Attorney(s) appearing for the Case

Jeffrey M. Miller, Nasuti & Miller, Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Thomas J. McBride, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before ADAMS and WEIS, Circuit Judges and KUNZIG, Judge, United States Court of Claims.


OPINION OF THE COURT

WEIS, Circuit Judge.

Inferences from established facts are accepted methods of proof when no direct evidence is available. It is essential, however, that there be a logical and convincing connection between the facts established and the conclusion inferred. We find that correlation lacking in this case where inferences of illegal drug distribution were drawn from a pharmacist's inability to reconcile his inventory of controlled substances...

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