Charles Robinson v. United States

Fifth Circuit

Charles Robinson v. United States

396 F.2d 397, 1968 U.S. App. LEXIS 6504

Court of Appeals for the Fifth Circuit·Decided June 17, 1968·No. 25004·Published

Opinion

PER CURIAM:

The appellant appealed his conviction by a jury on a four-count indictment charging two violations of Section 4704 (a), Title 26 U.S.C. (Counts 1 and 3) and two violations of Section 4705(a), Title 26 U.S.C. (Counts 2 and .4).

The evidence adduced is insufficient to support the jury’s verdict of guilt on Counts 3 and 4 and the Motion for Judgment of Acquittal should have been granted. 1

As to Counts 1 and 2, the appeal is without merit.

Accordingly, the judgment as to counts 1 and 2 is affirmed. The judgment as to counts 3 and 4 is reversed and this cause is remanded for entry of a judgment of acquittal on these counts.

1

. The Government in brief conceded reversal of the conviction on Count 4.

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PER CURIAM:

The appellant appealed his conviction by a jury on a four-count indictment charging two violations of Section 4704 (a), Title 26 U.S.C. (Counts 1 and 3) and two violations of Section 4705(a), Title 26 U.S.C. (Counts 2 and .4).

The evidence adduced is insufficient to support the jury’s verdict of guilt on Counts 3 and 4 and the Motion for Judgment of Acquittal should have been granted. 1

As to Counts 1 and 2, the appeal is without merit.

Accordingly, the judgment as to counts 1 and 2 is affirmed. The judgment as to counts 3 and 4 is reversed and this cause is remanded for entry of a judgment of acquittal on these counts.

1

. The Government in brief conceded reversal of the conviction on Count 4.

Charles Robinson v. United States, 396 F.2d 397, 1968 U.S. App. LEXIS 6504 (5th Cir. 1968).

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