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FINLEY v. UNITED STATES

No. 16429.

246 F.2d 604 (1957)

Grovene James FINLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 19, 1957.

Attorney(s) appearing for the Case

J. Walter Owens, Jr., Columbus, Ga., Ray & Owens, Columbus, Ga., for appellant.

Robert B. Thompson, Asst. U. S. Atty., Macon, Ga., Frank O. Evans, U. S. Atty., Macon, Ga., for the United States.

Before BORAH, RIVES and BROWN, Circuit Judges.

PER CURIAM.

Appellant appeals from his conviction of possessing and transporting nontaxpaid distilled spirits, 26 U.S.C.A. §§ 5008(b) (1), 5642.

The action of the trial judge in sustaining a prosecution objection to a question calling for an obviously hearsay answer was eminently proper in view of appellant's inability to present any acceptable theory under which the answer would have been admissible. Horne v. United States, 5 Cir.,

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