UNITED STATES v. HARBIN

No. 11053.

377 F.2d 78 (1967)

UNITED STATES of America, Appellee, v. Sam HARBIN, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 7, 1967.


Attorney(s) appearing for the Case

Brown H. Payne (Court-appointed counsel) [C. C. Malone, Jr., Durham, N. C., on the brief] for appellant.

W. Warren Upton, Asst. U. S. Atty., (Milton J. Ferguson, U. S. Atty., and Charles M. Love, III, Asst. U. S. Atty., on the brief) for appellee.

Before SOBELOFF and J. SPENCER BELL, Circuit Judges, and SIMONS, District Judge.


SOBELOFF, Circuit Judge:

Appellant raises three questions on this appeal from his conviction by a jury on a single-count indictment charging the possession and sale of eight gallons of moonshine whiskey in violation of 26 U.S.C.A. § 5604(a) (1) (Supp.1966). He contends that: (1) his right to a speedy trial was abridged by the lapse of five months between the alleged commission of the offense and the issuance of an arrest warrant; (2) while appellant denied...

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