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SCOTT v. UNITED STATES

No. 22582.

355 F.2d 799 (1966)

Johnny SCOTT and Eugene Scott, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 4, 1966.

Attorney(s) appearing for the Case

John J. Sullivan, Julian Hartridge, Sr., Savannah, Ga., for appellants.

Fred S. Clark, Asst. U. S. Atty., Donald H. Fraser, U. S. Atty., Savannah, Ga., for appellee.

Before GEWIN and BELL, Circuit Judges, and HUGHES, District Judge.

PER CURIAM:

Appellants were convicted of unlawfully possessing, transporting, and selling unstamped whisky in violation of 26 U.S.C.A. §§ 5205(a) (2) and 5604(a)(1).

The testimony of Eugene Scott which implicated Johnny Scott was admissible. Since the existence of a common enterprise between the two was shown, an incriminating statement made by one in furtherance of the joint venture was admissible against the other. See United States v. Pugliese...

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