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INGRAM v. UNITED STATES

No. 7937.

272 F.2d 567 (1959)

Henry Dewitt INGRAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 5, 1959.

Attorney(s) appearing for the Case

William L. Osteen, Greensboro, N. C. (Fred M. Upchurch, and Booth & Osteen, Greensboro, N. C., on the brief), for appellant.

H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C. (James E. Holshouser, U. S. Atty., Boone, N. C., on the brief), for appellee.

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

SOBELOFF, Chief Judge.

The sole issue on this appeal is whether the appellant is entitled to a new trial because of a misjoinder of defendants in a criminal proceeding. Henry Dewitt Ingram was convicted in two cases of removing, concealing and possessing non-tax-paid liquor. In one case (No. Cr. 166 G-59, which will be referred to as "No. 166"), arising out of events on the evening of March 21, 1959, Ingram was indicted with Clara, his wife, James Gill, Janie Gill...

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