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McDANIEL v. UNITED STATES

No. 15769.

232 F.2d 713 (1956)

John Barkley McDANIEL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 20, 1956.

Attorney(s) appearing for the Case

Walter B. Fincher, Fincher & Pruitt, Atlanta, Ga., for appellant.

Charles D. Read, Jr., Asst. U. S. Atty., James W. Dorsey, U. S. Atty., Harvey H. Tisinger, J. Robert Sparks, Asst. U. S. Attys., Atlanta, Ga., for appellee.

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

PER CURIAM.

Convicted and sentenced on two counts of an indictment charging violations of Sec. 912, Title 18,1 defendant has appealed, urging three grounds2 of error. No claim is made, indeed none could be, that the evidence was insufficient. The government's evidence, that the defendant did commit the offenses charged, was positive and convincing, and the defendant offered no testimony.

The record...

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