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448 F.2d 644

Docket No. 71-1849

United States v. Cagle

Fifth Circuit Court of Appeals

Decided Sept. 17, 1971.

Rehearing Denied Oct. 29, 1971.

Fifth Circuit Court of Appeals · decided 1971-09-17

Cited by 4 later decisions — most recently November 1976

1 federal appellate · 2 district ·

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-09-17

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¶1Summary Calendar.*

¶2Jack Gunter, Cornelia, Ga., for defendant-appellant.

¶3John W. Stokes, Jr., U. S. Atty., Robert L. Smith, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

¶4Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

¶6PER CURIAM:

¶7Appellant was convicted by a jury of possessing property intended for use in violation of 26 U.S.C, § 5686(a) (1967), towit: One 480-gallon metal tank still, ten feet more or less of rubber hose, sixty-four more or less one-gallon plastic containers, and four more or less cases of yeast. The jury determined that this paraphernalia was intended for use in making illegal whiskey.

¶8Cagle asserts on appeal that (1) the guilty verdict was not.supported by the evidence; (2) the district court erred in refusing his request to personally cross-examine a witness already cross-examined by his attorney; (3) certain remarks made to the jury by the prosecutor constitute reversible error; and (4) the trial judge erred in sending the jury back for further deliberation when, after two and one-half hours of delibera*645tion, the foreman reported that they were deadlocked.

¶9After carefully reading the record, we find no merit in any of appellant’s contentions.

¶10Affirmed.

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