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BATTLES v. UNITED STATES

No. 24743.

388 F.2d 799 (1968)

Gerald Henry BATTLES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 22, 1968.

Attorney(s) appearing for the Case

William B. Alexander, Robert G. Johnston, Cleveland, Miss., for appellant.

H. M. Ray, U. S. Atty., E. Grady Jolly, Jr., Asst. U. S. Atty., Oxford, Miss., for appellee.

Before BROWN, Chief Judge, and GEWIN and WRIGHT, Circuit Judges.

WRIGHT, Circuit Judge:

Appellant was indicted and tried before a jury for a violation of the Dyer Act, 18 U.S.C. § 2312 (1964 ed.).1 At the close of the Government's case, appellant's motion for judgment of acquittal based on alleged insufficiency of the Government's evidence was denied by the trial judge. Appellant offered no evidence and, after resting his case, unsuccessfully renewed his motion for judgment of acquittal. The jury...

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