HOLTON v. UNITED STATES

No. 17342.

264 F.2d 688 (1959)

Ireland Scott HOLTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 12, 1959.


Attorney(s) appearing for the Case

Thomas A. Larkin, Jacksonville, Fla., Larkin & Lewis, Jacksonville, Fla., for appellant.

E. Coleman Madsen, Asst. U. S. Atty., Jacksonville, Fla., Richard Kelly, Asst. U. S. Atty., Tampa, Fla., James L. Guilmartin, U. S. Atty., Jacksonville, Fla., for appellee.

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


PER CURIAM.

The appellant was tried under a four-count indictment. He was convicted of possessing a still, carrying on the business of a distiller, and possessing ten gallons of untaxed liquor. He was acquitted of making 2850 gallons of mash.

The appellant urges that comments of the trial court showed bias and that questions and comments of Government counsel prejudiced the appellant, resulting in the denial of a fair trial. We need only say, without reciting...

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