ORTIZ v. UNITED STATES

No. 20678.

329 F.2d 381 (1964)

Victor Morales ORTIZ, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 1, 1964.


Attorney(s) appearing for the Case

Arturo C. Gonzalez, Del Rio, Tex., for appellant.

Andrew L. Jefferson, Jr., Ted Butler, Asst. U. S. Attys., San Antonio, Tex., for appellee.

Before HUTCHESON, BREITENSTEIN, and BELL, Circuit Judges.


BELL, Circuit Judge.

Appellant was convicted after jury trial on count one of an indictment charging him with smuggling one-half pound of marihuana into the United States in violation of 21 U.S.C.A. § 176a. He was also convicted on count two under which he was charged with having failed to pay, as a transferee, the tax imposed by 26 U.S.C.A. § 4741(a), thereby violating 26 U.S.C.A. § 4744(a) (1).

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