HORNE v. UNITED STATES

No. 13484.

193 F.2d 175 (1951)

HORNE v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 30, 1951.


Attorney(s) appearing for the Case

W. A. Bootle, Macon, Ga., W. D. Aultman, Byron, Ga., for appellant.

T. Reese Watkins, Asst. U. S. Atty., John P. Cowart, U. S. Atty., Macon, Ga., for appellee.

Before SIBLEY, RUSSELL and RIVES, Circuit Judges.


PER CURIAM.

Tried upon an indictment charging him, and two others, with four violations of the Internal Revenue Laws,1 the jury found appellant Horne "guilty on Count 3" and made no express finding as to any of the other counts. His motion for a new trial was overruled, sentence was imposed on Count 3, and the present appeal followed.

The testimony on behalf of the Government and the circumstances which could properly be inferred...

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