UNITED STATES v. TANT

No. 26952.

412 F.2d 840 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Joe TANT and John Ted Jenkins, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 27, 1969.

Certiorari Denied October 20, 1969.


Attorney(s) appearing for the Case

J. R. Cullens, Cartersville, Ga., for defendants-appellants.

Charles L. Goodson, U. S. Atty., F. D. Hand, Jr., Charles B. Lewis, Jr., Robert L. Smith, Asst. U. S. Attys., for plaintiff-appellee.

Before BROWN and GODBOLD, Circuit Judges, and CABOT, District Judge.


Certiorari Denied October 20, 1969. See 90 S.Ct. 152.

PER CURIAM:

Billy Joe Tant and John Ted Jenkins appeal from their conviction for offenses involving untaxed whiskey1. Their sole attack is on the court's charge, or, more specifically, its lack of charge. They complain that the trial judge refused to instruct the jury that reasonable doubt may arise from the lack of evidence. This request was prompted by the fact that a government...

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