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330 F.2d 44

Docket No. 7546.

Bragg v. United States

Tenth Circuit Court of Appeals

Decided April 6, 1964.

Tenth Circuit Court of Appeals · decided 1964-04-06

2 counsel of record

Applies 26 U.S.C. § 5205

Relies on Corbin v. United States · Reynolds v. United States · Ybarra v. United States

Opinion by (per_curiam) · Decided 1964-04-06

¶1Sid White, Oklahoma City, Okla., for appellant.

¶2Robert L. Berry, Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., on the brief), for appellee.

¶3Before BREITENSTEIN, HILL and SETH, Circuit Judges.

¶4PER CURIAM.

¶5A jury found appellant guilty of transporting unstamped distilled spirits in violation of the Internal Revenue laws (26 U.S.C. §§ 5205(a) (2), 5604(a) (1)) and he appeals from the sentence imposed. The only point raised is the sufficiency of the evidence.

¶6Two federal agents testified that arrangements were made with one Wyatt for the purchase of moonshine whiskey; that appellant drove up behind them in a car and gave keys to Wyatt who then drove the car alongside the agents’ car; and that the whiskey was then transferred from the car previously driven by appellant to the agents’ car. Appellant and Wyatt both testified that appellant had not driven the car in which the whiskey was transported. The question presented was one of credibility and the jury chose to believe the agents. Substantial evidence sustains the verdict of the jury and we will not disturb its findings. See Reynolds v. United States, 10 Cir., 289 F.2d 698, 699; Corbin v. United States, 10 Cir., 253 F.2d 646, 648-649.

¶7Affirmed.

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