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319 F.2d 853

Docket No. 19876.

Cherry v. United States

Fifth Circuit Court of Appeals

Decided June 25, 1963.

Fifth Circuit Court of Appeals · decided 1963-06-25

Cited by 7 later decisions — most recently June 1977

4 federal appellate · 3 state decisions

2 counsel of record

Relies on Killian v. United States · Dailey v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1963-06-25

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¶1Wesley R. Asinof, Atlanta, Ga., for appellant.

¶2Bobby C. Milam, Asst. U. S. Atty., Charles L. Goodson, U. S. Atty., Atlanta, Ga., for appellee.

¶3Before RIVES, LEWIS *, and BELL, Circuit Judges.

¶5PER CURIAM.

¶6Appellant was indicted, tried by jury, and sentenced after conviction upon three counts in an indictment charging violation of Chapter 51 of the Internal Revenue Code of 1954 and relating to the possession and sale of non-tax-paid liquor.' He appeals, asserting that the evidence is insufficient to sustain the conviction.

¶7A review of the record indicates appellant’s contention to be without merit. Government witnesses testified as to a series of transactions where orders for quantities of the contraband were placed with appellant, in person or by telephone, which resulted in delivery of the liquor as ordered. Other conversations with appellant were concerned with price and quality of the liquor. Although there was no evidence that appellant ever had the distilled spirits in his personal possession such evidence is not necessary to warrant conviction. Park v. United States, 5 Cir., 283 F.2d 253, cert. den. 365 U.S. 814, 81 S.Ct. 694, 5 L.Ed.2d 693.

¶8Affirmed.

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