BEN CHASTAIN, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
PER CURIAM.
The only issue raised on this appeal from the conviction and sentence of appellant on a charge of possessing 38 gallons of nontaxpaid whiskey is that there was insufficient evidence to sustain the verdict of the jury. In the consideration of this question, the evidence must be considered in the light most favorable to the government. Morton v. United States, 79 U.S.App.D.C. 329, 147 F. 2d 28, certiorari denied 324 U.S. 875, 65 S. Ct. 1015, 89 L.Ed. 1428. Viewed in this light, it is clear that there was evidence which authorized the jury to conclude that the residence in which the nontaxpaid whiskey was found in Dawson County, Georgia, was the residence of appellant. Whether the liquor was in his possession or solely in the possession of his seventeen year old son, as appellant and the son testified, was an issue of fact which the jury resolved against the appellant.
The judgment is
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Handford v. United States, 249 F.2d 295 (5th Cir. 1957)
-
Maynard Paul Monnette and Robert Christianson Noreng v. United States, 299 F.2d 847 (5th Cir. 1962)
-
Teate v. United States, 297 F.2d 120 (5th Cir. 1961)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morton v. United States, 147 F.2d 28 (D.C. Cir. 1945)
- Bissell v. Amrine, 324 U.S. 875 (U.S. 1945)
- Morton v. United States, 324 U.S. 875 (U.S. 1945)