STONE v. UNITED STATES

No. 15273.

223 F.2d 23 (1955)

Eugene Carroll STONE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 15, 1955.


Attorney(s) appearing for the Case

Joe H. Jones, Dallas, Tex., for appellant.

William O. Braecklein, Asst. U. S. Atty., Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

Appellant was convicted of obtaining marihuana in violation of 26 U.S. C.A. § 2593(a), in the Northern District of Texas. This appeal raises the question whether there was sufficient proof of the place of the offense to sustain the conviction. That question was properly raised below by motion for judgment of acquittal.

The evidence showed that on August 16, 1954, pursuant to a search warrant, Dallas police officers Gandy, Blankenship...

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