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UNITED STATES v. SEXTON

No. 72-2817. Summary Calendar.

473 F.2d 512 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Charles W. SEXTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 6, 1973.

Attorney(s) appearing for the Case

Calvin M. Whitesell, Montgomery, Ala., for defendant-appellant.

Ira DeMent, U. S. Atty., David B. Byrne, Jr., Wade B. Perry, Jr., Asst. U. S. Attys., Montgomery, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge.

Charles W. Sexton was indicted on February 17, 1971 on charges of violating various provisions of the Internal Revenue Code relating to possession of non-tax-paid distilled spirits, 26 U.S. C.A. § 5205(a) (2) and 26 U.S.C.A. § 5604(a) (1). He was tried before a jury and found guilty on June 29, 1971. Appeal was taken to this court and we reversed on April 13, 1972.1 A new trial was set for the week...

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