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448 F.2d 1314

Docket No. 71-1367

United States v. Timbrook

Fifth Circuit Court of Appeals

Decided Oct. 1, 1971.

Fifth Circuit Court of Appeals · decided 1971-10-01

Cited by 2 later decisions — most recently October 1971

2 federal appellate ·

2 counsel of record

Relies on Glasser v. United States · Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · National Labor Relations Board v. Amalgamated Clothing Workers of America

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-10-01

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¶1Summary Calendar.*

¶2Melvyn Kessler, Miami, Fla., for defendant-appellant.

¶3Roby Hadden, U. S. Atty., James W. Knowles, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

¶4Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

¶6PER CURIAM:

¶7Henry Timbrook appeals from judgment of guilty and sentence to five eon-*1315current terms of confinement for three years each, following jury verdicts of guilty under a 5-count indictment charging violations of Title 18, U.S.C., Sections 659, 2314 and 2315. The appeal challenges (1) the correctness of the trial court’s denial of motions for acquittal as to each count made at the close of the prosecution’s case and renewed at the close of the appellant’s case, and (2) the court’s jury instructions as to permissible inferences arising from proof of possession of recently stolen property. The appellant also asserts that the jury’s verdict was contrary to the law and the evidence before the trial court and jury.

¶8After a careful review of the record, we fail to find error demonstrated in either particular asserted. The proof amply supported the verdict and the jury charge was unexceptionable.

¶9Accordingly, the judgment is affirmed. See Glasser v. United States, 1944, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680.

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