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KETCHUM v. UNITED STATES

No. 17065.

259 F.2d 434 (1958)

Robert A. KETCHUM, Theodore R. Ketchum, and Herman Wyatt, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 8, 1958.

Attorney(s) appearing for the Case

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

Russell B. Wine, U.S. Atty., San Antonio, Tex., Robert S. Pine and James E. Hammond, Asst. U.S. Attys., El Paso, Tex., for appellee.

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

WISDOM, Circuit Judge.

Robert Ketchum, Theodore Ketchum, and Herman Wyatt were charged with smuggling, concealing, and facilitating the transportation of one pound of marihuana and a quantity of marihuana sweepings.1 At the trial the defendants did not testify. A motion for a judgment of acquittal on the ground that the evidence was insufficient to sustain a verdict of guilty was made after the government had rested and again after both...

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