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CALL v. UNITED STATES

Nos. 7705-7708.

265 F.2d 167 (1959)

Isaac Henry CALL, Appellant, v. UNITED STATES of America, Appellee. Tal Joe PEARSON, Appellant, v. UNITED STATES of America, Appellee (two cases). Squire WILES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1959.

Attorney(s) appearing for the Case

W. H. McElwee and Max F. Ferree, North Wilkesboro, N. C. (McElwee & Ferree, North Wilkesboro, N. C., on brief), for appellant.

H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C. (James E. Holshouser, U. S. Atty., North Wilkesboro, N. C., on brief), for appellee in case No. 7705.

Kyle Hayes, North Wilkesboro, N. C., for appellant in cases Nos. 7706 and 7707.

T. R. Bryan, Wilkesboro, N. C., for appellant in case No. 7708.

John E. Hall and Lafayette Williams, Asst. U. S. Attys., Greensboro, N. C. (James E. Holshouser, U. S. Atty., North Wilkesboro, N. C., and H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C., on brief), for appellee in cases Nos. 7706, 7707 and 7708.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BOREMAN, District Judge.

HAYNSWORTH, Circuit Judge.

The sale of large quantities of sugar from a supermarket in North Wilkesboro, North Carolina, led to an investigation and two separate indictments of a number of persons, some being charged with conspiracy and some with possession of contraband. Some of the convicted defendants have appealed from the judgments of conviction.

There was abundant testimony to support a finding that in September 1956 Tal Joe Pearson, the operator of...

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