448 F2d 644 United States v. Cagle

448 F.2d 644

UNITED STATES of America, Plaintiff-Appellee,
v.
Charles Isia CAGLE, Defendant-Appellant.

No. 71-1849 Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

September 17, 1971.

Rehearing Denied October 29, 1971.

Jack Gunter, Cornelia, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Robert L. Smith, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

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1

Appellant was convicted by a jury of possessing property intended for use in violation of 26 U.S.C. § 5686(a) (1967), towit: One 480-gallon metal tank still, ten feet more or less of rubber hose, sixty-four more or less one-gallon plastic containers, and four more or less cases of yeast. The jury determined that this paraphernalia was intended for use in making illegal whiskey.

2

Cagle asserts on appeal that (1) the guilty verdict was not supported by the evidence; (2) the district court erred in refusing his request to personally cross-examine a witness already cross-examined by his attorney; (3) certain remarks made to the jury by the prosecutor constitute reversible error; and (4) the trial judge erred in sending the jury back for further deliberation when, after two and one-half hours of deliberation, the foreman reported that they were deadlocked.

3

After carefully reading the record, we find no merit in any of appellant's contentions.

4

Affirmed.

Notes:

*

Rule 18, 5th Cir.;see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.