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340 F.2d 126

Docket No. 21261.

Smith v. United States

Fifth Circuit Court of Appeals

Decided Dec. 16, 1964.

Rehearing Denied Jan. 14, 1965.

Fifth Circuit Court of Appeals · decided 1964-12-16

Cited by 1 later decisions — most recently December 1964

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1964-12-16

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¶1J. Hubert Farmer, Dothan, Ala., Jack W. Smith, E. C. Boswell, Geneva, Ala., for appellants.

¶2J. O. Sentell, Asst. U. S. Atty., Ben Hardeman, U. S. Atty., Montgomery, Ala., for appellee.

¶3Before RIVES, WISDOM and BELL, Circuit Judges.

¶4PER CURIAM:

¶5 Upon a jury’s verdict the def endants-appellants were convicted of conspiring to make false statements to the Veterans Administration in violation of sections 371 and 1001 of Title 18, United States Code. Robert F. Smith was sentenced to three years’ imprisonment and J. B. Smith to two years’ imprisonment. On appeal some complaint is made as to the court’s charge to the jury, but there were no objections to the charge as required by Rule 30, Fed.R.Crim.Proc., and *127we find no plain error. Rule 52. The only other error urged is the refusal to direct a judgment of acquittal of each of the defendants. An examination of the five-hundred page record and the numerous exhibits discloses that there was substantial evidence to support the verdict of guilty as to each of the defendants. The judgments are therefore

¶6Affirmed.

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