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SPENCER v. UNITED STATES

No. 18649.

295 F.2d 536 (1961)

Thomas Elliott SPENCER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 20, 1961.

Attorney(s) appearing for the Case

Milton Harrison, Atlanta, Ga., for appellant.

Charles D. Read, Jr., U. S. Atty., Robert G. Hunt, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before CAMERON, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Thomas Elliott Spencer appeals from his conviction for unlawful possession of non-taxpaid liquor. His sole contention is that the trial judge gave improper jury instructions that vitiate the verdict against him. We overrule Spencer's objections for the reason that the allegedly erroneous portions of the instructions. were not applicable to his case.

Spencer and two co-defendants were charged...

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