BRAININ v. UNITED STATES

No. 20073.

317 F.2d 69 (1963)

James Frederick BRAININ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 8, 1963.


Attorney(s) appearing for the Case

James Frederick Brainin, Leavenworth, Kan., Samuel D. McDaniel, Austin, Tex., for appellant.

Morton L. Susman, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, RIVES and GEWIN, Circuit Judges.


PER CURIAM.

Appellant's motion for rehearing is neither more nor less than an effort to have this court redetermine fact issues already settled by the jury verdict. In short, in complete disregard of the controlling rule that on appeal the evidence is taken most strongly in favor of the jury's verdict, the appellant's argument consists of an attack upon the credibility of Thrift, the government's witness.

Stating, "The conviction appealed from rests on the...

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