HARPER v. UNITED STATES

No. 21683.

344 F.2d 903 (1965)

William Grady HARPER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 8, 1965.


Attorney(s) appearing for the Case

Guy B. Scott, Jr., Athens, Ga., for appellant.

Floyd M. Buford, U. S. Atty., Gary B. Blasingame, Asst. U. S. Atty., Macon, Ga., for appellee.

Before TUTTLE, Chief Judge, and PHILLIPS, and WISDOM, Circuit Judges.


PER CURIAM:

The conviction of appellant of the offense of possession of property used or intended to be used in violation of the Internal Revenue Laws, 26 U.S.C.A. § 5686(a) was based partially on circumstantial evidence, as is nearly every criminal prosecution involving intent. We find the evidence ample to warrant submission to the jury the question of the intended use of the 17,700 pounds of sugar, loaded on the truck driven at night by the appellant, after...

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