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42 F.2d 202

Docket No. 5614.

Tomplain v. United States

Fifth Circuit Court of Appeals

Decided June 30, 1930.

Rehearing Denied Aug. 6, 1930.

Fifth Circuit Court of Appeals · decided 1930-06-30

2 counsel of record

Key passage — most relied on by later courts

“The conspiracy was conclusively established, and but slight evidence connecting the defendants was necessary. If the conflict was resolved in favor of the government, it was sufficient to support the conviction.”

quoted by 1 later decision, including United States v. Malatesta

Relies on Tomplain v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Rufus Edward Foster · Decided 1930-06-30

How this case has been cited

Cited by 10 later decisions — most recently October 2008

10 federal appellate ·

3019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*203See, also, 42 F.(2d) 203, 205.

¶2Hugh M. Wilkinson, of New Orleans, La., and C. A. Morvant, of Thibodaux, La., for appellants.

¶3Edmond E. Talbot, U. S. Atty., of New Orleans, La.

¶4Before BRYAN and FOSTER, Circuit Judges, and HOLMES, District Judge.

¶5FOSTER, Circuit Judge.

¶6Walton Tomplain, Nolan Tomplain, Bartoul Cheramie, and Natilus Alario were convicted on an indictment charging them and eleven others with conspiring to import, possess, and transport intoxicating liquor by means of a boat named the Isabel, and certain trucks and automobiles, in violation of the National Prohibition Act (27 USCA).

¶7Error is assigned to the refusal of a directed verdict and to the overruling of a motion in arrest of judgment, both based upon the alleged insufficiency of the evidence.

¶8The record shows positively that the Isabel, loaded with liquor, docked at Harry Bourg’s. landing on Grand Caillou bayou. A number of men and several automobiles were there, and a quantity of the liquor was unloaded. The vessel, five trucks, and some of the men were captured. The overt acts alleged were sufficiently proved.

¶9It may be conceded that the evidence connecting the four appellants with the transaction was not as strong as it might have been and was disputed. However, we need not review it, as we cannot say, as a matter of law, there was no evidence at all to go before the jury. The conspiracy was conclusively established, and but slight evidence connecting the defendants was necessary. If the conflict was resolved in -favor of the government, it was sufficient to support the conviction. The question presented was essentially for the Jury.

¶10The record presents no reversible error.

¶11Affirmed.

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