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271 F.2d 708

Docket No. 17848.

Bearden v. United States

Fifth Circuit Court of Appeals

Decided Nov. 24, 1959.

Fifth Circuit Court of Appeals · decided 1959-11-24

Cited by 3 later decisions — most recently May 1966

3 federal appellate ·

2 counsel of record

Relies on Georgia-Pacific Corp. v. United States · Williams v. National Surety Corp. · Stokes v. Continental Assurance Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1959-11-24

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¶1Frank B. Stow, Gainesville, Ga., for appellant.

¶2Charles D. Read, Jr., Act. U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

¶3Before HUTCHESON, TUTTLE and WISDOM, Circuit Judges.

¶4PER CURIAM.

¶5In this appeal from a judgment based on a jury verdict forfeiting certain property as “property intended for use” in the illegal manufacture of distilled spirits, the only question is as to the sufficiency of the evidence to sustain a verdict. The record discloses that appellant made no motion for directed verdict at the close of all the evidence. Thus, no ruling of the trial court can be pointed to as constituting error. In the absence of such motion and order thereon or a showing, which is not made here, of plain error working manifest injustice. Cf. Georgia-Pacific Corp. v. United States, 5 Cir., 264 F.2d 161, an appeal based on the ground of insufficiency of the evidence presents nothing to this Court for review. Stokes v. Continental Assurance Co., 5 Cir., 242 F.2d 893; Williams v. National, 5 Cir., 257 F.2d 771.

¶6Judgment affirmed.

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