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151 F.2d 533

Docket No. 11368.

Thaxton v. United States

Fifth Circuit Court of Appeals

Decided Oct. 16, 1945.

Fifth Circuit Court of Appeals · decided 1945-10-16

Cited by 2 later decisions — most recently July 1965

1 federal appellate · 1 state decisions

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1945-10-16

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¶1J. F. Kemp and J. M. Johnson, both of Atlanta, Ga., and E. L. Reagan, of McDonough, Ga., for appellants.

¶2John P. Cowart, U. S. Atty., and Charles W. Walker, Asst. U. S. Atty., both of Macon, Ga., for appellee.

¶3Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

¶4PER CURIAM.

¶5The sole error urged is that a verdict of acquittal should have been directed under the evidence. As to the appellant Thaxton, the evidence is overwhelming of his guilt. As to the other two appellants, they are positively identified as having a part in the illegal operations by several witnesses. It was a question of fact for the jury as to whether they were participants in a conspiracy to carry on the enterprise.

¶6No error appearing, the judgment is affirmed.

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