UNITED STATES v. KOLSKY

No. 28230.

423 F.2d 1111 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin B. KOLSKY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 1970.


Attorney(s) appearing for the Case

Kelly McKoin, Cecil Johnson, McKoin, Zinner, Hawkins & Johnson, Biloxi, Miss., for defendant-appellant.

Robert E. Hauberg, U.S. Atty., Joseph E. Brown, Jr., Daniel E. Lynn, Asst. U.S. Attys., Jackson, Miss., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and AINSWORTH and GODBOLD, Circuit Judges.


AINSWORTH, Circuit Judge:

Benjamin B. Kolsky, appellant, was convicted by a jury of a Dyer Act violation, 18 U.S.C. § 2312, for transporting a stolen motor vehicle from Mobile, Alabama, to Biloxi, Mississippi. He complains of error by the trial court in refusing to direct a judgment of acquittal, alleging that the verdict, based on circumstantial evidence, was against the overwhelming weight of the evidence and the law, and of certain instructions to the jury...

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