Smith v. United States

Fifth Circuit Court of Appeals

Decided Feb. 1, 1966.

Rehearing Denied March 23, 1966.

Fifth Circuit Court of Appeals · decided 1966-02-01

2 counsel of record

Relies on Lambert v. United States · Roberts v. United States · Sperry Rand Corp. v. Hill

Opinion by (per_curiam) · Decided 1966-02-01

¶1Robert B. Thompson, Gainesville, Ga., for appellant.

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

¶3Before GEWIN and BELL, Circuit Judges, and HUGHES, District Judge.

¶4PER CURIAM.

¶5The appellant was tried by a jury and convicted under a single count indictment charging him with possession of certain described property intended for use in violation of the Internal Revenue laws with respect to distilled spirits. He contends that the Court erred in overruling his motion for a judgment of acquittal because the evidence was not sufficient to sustain the verdict.

¶6We have reviewed the evidence and are convinced that it was ample and sufficient. See Lambert v. United States (5 Cir. 1958) 261 F.2d 799; Roberts v. United States (5 Cir. 1945) 151 F.2d 664.

¶7The judgment is affirmed.