WOOD v. UNITED STATES

No. 18457.

287 F.2d 810 (1961)

Kenneth Wilson WOOD, Wilbur Reeves, and Cleo E. Lovett, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 25, 1961.


Attorney(s) appearing for the Case

Huey D. McInish, Dothan, Ala., Zach H. Douglas, Jacksonville, Fla., Alto V. Lee, III, Lee & McInish, Dothan, Ala., for appellants.

Hartwell Davis, U. S. Atty., Ira DeMent, Asst. U. S. Atty., Montgomery, Ala., for appellee.

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


PER CURIAM.

Appellants complain of their conviction of participation in a conspiracy to violate the liquor laws on two principal grounds. The first is that there was a lack of substantial evidence that would tie all of the accused persons into a single conspiracy. The second is that the trial court erred in not charging the jury that in considering circumstantial evidence they must reject such evidence unless the evidence not only was consistent with the guilt of...

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