DALTON A. THOMAS, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that the defendant waived the right to challenge venue by failing to object at trial and that the evidence supported venue in the Middle District.
The defendant was charged with violations of Internal Revenue laws. He was acquitted on two counts but convicted on one. The defendant appealed, claim…
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Charged in three counts, two, three and four, of a four count indictment with violations of the Internal Eevenue laws and tried in the Middle District of Alabama, plaintiff was acquitted on counts three and four and found guilty as charged on count two.
Appealing from the sentence and judgment of conviction on said count, appellant is here assigning a single error. This is that the offense complained of in count two was committed in Coosa County, Alabama and should have been tried there.
The right claimed by defendant is a procedural one and may be waived,1 and the record is devoid of any objection on the trial on the ground of improper venue. Indeed, it is made for the first time here. In addition, the record as a matter of fact does not support the claim that there was no evidence that the offense occurred in the Middle District. On the contrary, the government’s testimony was unequivocal as to the place where the violation occurred.
The appeal is without merit. The judgment is affirmed.
. Hagner v. United States, 60 App.D.C. 335, 54 F. 2d 446; Mahaffey v. Hudspeth, 10 Cir., 128 F. 2d 940; United States v. Gallagher, 3 Cir., 183 F. 2d 342; Earnest v. United States, 6 Cir., 198 F. 2d 561.
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Citator
Cited By
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United States v. Rolland B. McMASTER, 343 F.2d 176 (6th Cir. 1965)
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United States v. Polin, 323 F.2d 549 (3d Cir. 1963)
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Cleo Lightfoot v. United States, 327 F.2d 207 (10th Cir. 1964)
Authorities Cited
- United States v. Gallagher, 183 F.2d 342 (3d Cir. 1950)
- Hagner v. United States, 54 F.2d 446 (D.C. Cir. 1931)
- Mahaffey v. Hudspeth, 128 F.2d 940 (10th Cir. 1942)
- Earnest v. United States, 198 F.2d 561 (6th Cir. 1952)