UNITED STATES v. HARRIS

No. 71-3586 Summary Calendar.

460 F.2d 1041 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil Eugene HARRIS, a/k/a "Red" Harris, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 19, 1972.


Attorney(s) appearing for the Case

Emmett Colvin, Jr., Dallas, Tex., William J. Gillespie, Travis D. Shelton, Lubbock, Tex., for defendants-appellants.

Eldon B. Mahon, U.S. Atty., Fort Worth, Tex., Willis Taylor, Asst. U.S. Atty., Lubbock, Tex., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


AINSWORTH, Circuit Judge:

A jury found all six appellants guilty of illegal gambling in violation of 18 U.S.C. § 1955. In their appeal they assert the following four claims of error:

1.) That 18 U.S.C. § 1955 is an unconstitutional invasion by Congress on the powers reserved to the states by the Tenth Amendment of the United States Constitution;

2.) That the evidence was insufficient to sustain the convictions because there was no proof that...

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