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151 F.2d 533

Docket No. 11369.

Neely v. United States

Fifth Circuit Court of Appeals

Decided Oct. 30, 1945.

Fifth Circuit Court of Appeals · decided 1945-10-30

Cited by 1 later decisions — most recently July 1965

1 federal appellate ·

2 counsel of record

Relies on Burns v. United States · Roberts v. United States · Neely v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1945-10-30

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¶1See, also, 145 F.2d 828.

¶2George Rogers, of Birmingham, Ala., for appellant.

¶3Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee.

¶4Before SIBLEY and McCORD, Circuit Judges, and KENNAMER, District Judge.

¶5PER CURIAM.

¶6The conditions of probation included one that the probationer should not violate any law, local, State or national. On a motion to revoke the probation the evidence of the officers made a case, by circumstances, showing one or more violations of the liquor laws. The probationer, supported by his wife, denied the truth of this evidence. The issue was for the decision of the judge, who believed the officers. No error appears. Roberts v. United States, 320 U.S. 264, 64 S.Ct. 113, 88 L.Ed. 41; Burns v. United States, 287 U.S. 216, 53 S.Ct. 154, 77 L.Ed. 266.

¶7Judgment affirmed.

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