Ben Chastain v. United States

Fifth Circuit

Ben Chastain v. United States

237 F.2d 422

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 26, 1956

Docket15869_1

StatusPublished

Cited by5 cases

This text of 237 F.2d 422 (Ben Chastain v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ben Chastain v. United States, 237 F.2d 422 (5th Cir. 1956).

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Opinion

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.

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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.

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237 F.2d 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ben-chastain-v-united-states-ca5-1956.

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