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254 F.2d 509

Docket No. 13409.

Walker v. United States

Sixth Circuit Court of Appeals

Decided April 23, 1958.

Sixth Circuit Court of Appeals · decided 1958-04-23

Cited by 6 later decisions — most recently November 1965

5 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-04-23

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¶1Alexander H. Martin, Jr., Cleveland, Ohio, for appellant.

¶2Sumner Canary and James C. Sennett, Jr., William J. O’Neill, Cleveland, Ohio, for appellee.

¶3Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

¶4PER CURIAM.

¶5Appellant was tried by jury and found' guilty under a four-count indictment, charging violations of internal revenue-laws pertaining to the illegal possession of distilled spirits and the illegal operation of a still. Sections 5174(a), 5606, 5216 and 5008(b), Title 26 U.S.Code.

¶6Appellant’s chief contention on this, appeal is that the Government’s evidence was insufficient to identify him as the person engaged in such illegal operations. Although some of the evidence was circumstantial and not conclusive, we are of the opinion that the evidence-in its entirety was sufficient to take the ease to the jury on this issue and to sustain the verdicts.

¶7We find no prejudicial error in the rulings of the District Judge complained *510of by appellant and no merit in appellant’s further contention that the remarks o-f the District Judge to appellant’s counsel in making certain rulings and in his instructions to the jury were unwarranted and prejudicial to the rights of the appellant.

¶8It is ordered that the judgment be and is affirmed.

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