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GUTIERREZ v. UNITED STATES

No. 19789.

314 F.2d 334 (1963)

Margarito Ramirez GUTIERREZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 30, 1963.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, Tex., for appellant.

Barefoot Sanders, U. S. Dist. Atty., for Northern Dist. of Texas, William L. Hughes, Jr., Asst. U. S. Atty., Fort Worth, Tex., Robert B. Ward, Asst. U. S. Atty., Dallas, Tex., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

JOSEPH C. HUTCHESON, Jr., Circuit Judge.

This appeal from a verdict and judgment of guilty and sentence pursuant thereto presents under three numbered points the single proposition that the evidence, circumstantial as it was, was wholly insufficient to establish defendant's guilt and his motion for directed verdict should have been granted. We agree. Kassin v. United States, 5 Cir., 87 F.2d 183; Panci v. United States, 5 Cir.,

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