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GUEVARA v. UNITED STATES

No. 16364.

242 F.2d 745 (1957)

Juan Avalos GUEVARA, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 28, 1957.

Attorney(s) appearing for the Case

Joseph A. Calamia, El Paso, Tex., for appellant.

Wm. Monroe Kerr, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., Holvey Williams, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

Appellant was convicted under two counts1 for violating the provisions of the Internal Revenue Code relating to marihuana. The primary question is whether the district court erred in denying the defendant's motion for judgment of acquittal.

The evidence is simple and was given by only two witnesses. George D. Scales, a Treasury Department Customs Agent, testified...

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