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COCHRAN v. UNITED STATES

Nos. 9624, 9625.

389 F.2d 326 (1968)

Garland Claude COCHRAN, Appellant, v. UNITED STATES of America, Appellee. Jack Donald EVANS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearings Denied March 6, 1968.

Attorney(s) appearing for the Case

Byron G. Rogers, Jr., Denver, Colo., and Robert B. Thompson, Gainesville, Ga., submitted on brief for appellants.

Lawrence M. Henry, U. S. Atty., and Richard T. Spriggs, Asst. U. S. Atty., for the District of Colorado, submitted on brief for appellees.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

PER CURIAM.

Appellants Cochran and Evans were jointly indicted and tried with a co-defendant Rider. The jury found Rider not guilty. Cochran and Evans were convicted and appeal from the sentences imposed. The charges were the sale of non-tax paid distilled spirits in violation of 26 U.S.C. § 5604(a) (1). The only error claimed is the receipt in evidence of a paper taken from Rider at the time of his arrest.

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