HYCHE v. UNITED STATES

No. 18481.

286 F.2d 248 (1961)

Homer HYCHE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 20, 1961.


Attorney(s) appearing for the Case

George E. Trawick, Birmingham, Ala., for appellant.

W. L. Longshore, U. S. Atty., Birmingham, Ala., George A. Blinn, Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before RIVES and WISDOM, Circuit Judges, and WRIGHT, District Judge.


PER CURIAM.

The sole question presented by this appeal from a conviction for "removing, depositing, or concealing" untaxed alcohol, 26 U.S.C. § 7206(4), is the sufficiency of the evidence to submit the case to the jury.

There was substantial direct evidence that appellant actively engaged in the transfer of 160 gallons of moonshine whiskey from his own car to the trunk of another vehicle. So much is, for all practical purposes, admitted. But appellant...

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