UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
HENRY TIMBROOK, DEFENDANT-APPELLANT

5th Cir. | 1971-10-01
No. 71-1367
448 F.2d 1314 Court of Appeals for the Fifth Circuit (1971)

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Holding

The court held that the trial court did not err in denying motions for acquittal or in its jury instructions.


Facts & Procedural History

Appellant was found guilty by a jury on five counts of violating federal statutes related to stolen property. He appealed the denial of his motions fo…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Henry Timbrook appeals from judgment of guilty and sentence to five eon- current terms of confinement for three years each, following jury verdicts of guilty under a 5-count indictment charging violations of Title 18, U.S.C., Sections 659, 2314 and 2315. The appeal challenges (1) the correctness of the trial court’s denial of motions for acquittal as to each count made at the close of the prosecution’s case and renewed at the close of the appellant’s case, and (2) the court’s jury instructions as to permissible inferences arising from proof of possession of recently stolen property. The appellant also asserts that the jury’s verdict was contrary to the law and the evidence before the trial court and jury.

After a careful review of the record, we fail to find error demonstrated in either particular asserted. The proof amply supported the verdict and the jury charge was unexceptionable.

Accordingly, the judgment is affirmed. See Glasser v. United States, 1944, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680.


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