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SIKES v. UNITED STATES

No. 17999.

279 F.2d 561 (1960)

George Buford SIKES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 15, 1960.

Attorney(s) appearing for the Case

George W. Atkinson, Tallahassee, Fla., for appellant.

Edward L. Stahley, Asst. U. S. Atty., Wilfred C. Varn, U. S. Atty., F. E. Steinmeyer, III, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

HUTCHESON, Circuit Judge.

Defendant-appellant was found guilty of transporting and possessing nontaxpaid distilled liquors. Sentenced to imprisonment for a period of two years, he has appealed, assigning three errors. These are: (1) the error of denying his motion for a directed verdict on the ground that, while the circumstances do point the finger of suspicion, they do not prove guilt with that legal certainty required by law; (2) the error of calling the jury back...

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