McCARTY v. UNITED STATES

No. 23999.

379 F.2d 285 (1967)

Willie McCARTY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 20, 1967.


Attorney(s) appearing for the Case

Tom N. Goodwin, John E. Fitzgibbon, Laredo, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Morton Hollander, Martin Jacobs, Attys., Dept. of Justice, Washington, D. C., Morton L. Susman, U. S. Atty., Ronald J. Blask, Asst. U. S. Atty., Houston, Tex., for appellee.

Before GEWIN, THORNBERRY and DYER, Circuit Judges.


DYER, Circuit Judge:

McCarty appeals from his conviction by a jury on his plea of not guilty on two counts of an indictment charging respectively transporting and facilitating the transportation and concealment of marijuana in violation of Title 21 U.S.C.A. § 176a and failure to pay the marijuana transfer tax in violation of Title 26 U.S. C.A. § 4744(a) (2).

The sole issue raised on this appeal is whether the District Judge erred in refusing to give...

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