UNITED STATES v. SMITH

No. 27209.

420 F.2d 428 (1970)

The UNITED STATES of America, Plaintiff-Appellee, v. Jeffie A. SMITH, Jr., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 8, 1970.


Attorney(s) appearing for the Case

Tom Radney, Larry W. Morris, Alexander City, Ala., for appellant.

Ben Hardeman and Ira DeMent, U. S. Attys., F. E. Leonard, Jr., D. Broward Segrest, Asst. U. S. Attys., for appellee.

Before WISDOM, SIMPSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

Jeffie Smith, Jr. was convicted by a jury for possession of untaxed whiskey. His appeal raises (1) the propriety of a question put to him by the court, when he took the witness stand in his own behalf, as to a prior conviction for possessing taxpaid whiskey and beer in a "dry" county, (2) the correctness of an instruction to the jury that such a crime involved moral turpitude and could be considered for impeachment purposes and (3) an issue that...

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