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SHARP v. UNITED STATES

No. 26120.

410 F.2d 969 (1969)

Samuel SHARP and Jasper Levi Thornton, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 6, 1969.

Attorney(s) appearing for the Case

John D. Varnell, Atlanta, Ga., for Sharp and Thornton.

E. C. Brannon, Jr., Gainesville, Ga., for Woods.

Charles L. Goodson, U. S. Atty., Charles B. Lewis, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before JOHN R. BROWN, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.

FULTON, District Judge:

Appellants Samuel Sharp and Jasper Levi Thornton were convicted after jury trial of an offense involving possession of non-taxpaid distilled spirits, in violation of Title 26, United States Code §§ 5205(a) (2) and 5604(a) (1). Their appeal pivots on the narrow question of whether it is error for a prosecutor to inquire of a defendant on cross examination why he did not offer the same explanation...

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