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NAGELL v. UNITED STATES

No. 24152.

392 F.2d 934 (1968)

Richard Case NAGELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 3, 1968.

Attorney(s) appearing for the Case

Joseph A. Calamia, Gus Rallis, El Paso, Tex., for appellant.

Harry Lee Hudspeth, Jamie C. Boyd, Asst. U. S. Attys., El Paso, Tex., Ernest Morgan, U. S. Atty., for appellee.

Before JONES and WISDOM, Circuit Judges, and SINGLETON, District Judge.

WISDOM, Circuit Judge:

Judge Hutcheson, speaking for this Court, recently observed:

Appellate review of the sufficiency of the evidence is never an easy matter, and the difficulty is compounded when a jury in a criminal case has reached a verdict contrary to both medical testimony and visceral reaction. Brock v. United States, 5 Cir. 1967, 387 F.2d 254, 257.

As in Brock, we are here confronted with the question...

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