UNITED STATES v. PAIGE

No. 8953.

324 F.2d 31 (1963)

UNITED STATES of America, Appellee, v. George Thomas PAIGE, Durwood Ray Burgess, and James Arthur Starke, Appellants.

United States Court of Appeals Fourth Circuit.

Decided October 17, 1963.


Attorney(s) appearing for the Case

Robert M. Harcourt, Norfolk, Va., for appellant Durwood Ray Burgess.

Roger T. Williams, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and NORTHROP, District Judge.


PER CURIAM.

Convicted, with others, of the unlawful removal, concealment and possession of 110 gallons of distilled spirits in violation of 26 U.S.C. §§ 5205(a) (2), 5601 (a) (12), and 5604(a) (1), Durwood Ray Burgess appeals on the ground that the evidence did not establish his guilt. We think his motion for a judgment of acquittal should have been granted. A recital of the evidence will disclose that Burgess, while present, was not proved to be a participant...

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