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REHBERG v. UNITED STATES

No. 12333.

174 F.2d 121 (1949)

REHBERG et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

April 25, 1949.

Attorney(s) appearing for the Case

William C. Pierce, of Tampa, Fla., J. Herbert Griggs, of Cornelia, Ga., Frank Jackson Adams, Jr., of Clarkesville, Ga., and D. C. Laird, of Lakeland, Fla., for appellants.

H. S. Phillips, U. S. Atty., of Tampa, Fla., for appellee.

Before SIBLEY, McCORD and WALLER, Circuit Judges.

PER CURIAM.

The conspiracy charged in the indictment was proved without fatal variance. Church was sufficiently shown to have been a conspirator rather than a mere buyer from them. There was no such confusion in the case as to require the Judge to charge without request as in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557, as explained in Blumenthal v. United States, 332 U.S. 539

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