UNITED STATES v. THAXTON

No. 73-2066 Summary Calendar.

483 F.2d 1071 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Chester Lee THAXTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 11, 1973.


Attorney(s) appearing for the Case

Robert B. Thompson, Gainesville, Ga., for defendant-appellant.

William J. Schloth, U. S. Atty., Ronald T. Knight, U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


CLARK, Circuit Judge:

Chester Lee Thaxton was convicted on three counts charging possession and transportation of untaxed liquor in violation of 26 U.S.C. § 5205(a) (2) and 26 U.S.C. § 5604(a). The only question on appeal is whether the trial court committed reversible error in its instructions on the presumption of innocence. We affirm.

The trial court instructed the jury as follows:

Now, in this case as in all other cases like it, we enter...

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