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UNITED STATES v. WEAVER

No. 72-3744 Summary Calendar.

480 F.2d 1206 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Herbert WEAVER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 25, 1973.

Attorney(s) appearing for the Case

Edward F. McDowell, court-appointed, Starkville, Miss., for defendant-appellant.

H. M. Ray, U. S. Atty., Falton O. Mason, Jr., Alfred E. Moreton, III, Asst. U. S. Attys., Oxford, Miss., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

Weaver appeals from his conviction for the offenses charged in three counts of a four count indictment involving "moonshine" violations of Title 26 U.S. C. Sec. 5601,1 and a consequent confinement sentence of nine months as to Count One, to be followed by three years concurrent probation as to Counts Two and Four.

The first question raised on appeal is the propriety of the court's jury charge of the permissible inference...

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