Donathan Garvin Kemp v. United States

Fifth Circuit

Donathan Garvin Kemp v. United States

419 F.2d 383

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 2, 1970

Docket25675

StatusPublished

Cited by3 cases

This text of 419 F.2d 383 (Donathan Garvin Kemp 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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Donathan Garvin Kemp v. United States, 419 F.2d 383 (5th Cir. 1970).

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Opinion

PER CURIAM.

Appellant’s Petition for Rehearing is predicated on the proposition that the Court overlooked Rule 29(c) of The Federal Rules of Criminal Procedure which expressly allows a motion for judgment of acquittal after return of the verdict regardless of whether such motion was made at an earlier stage of the trial.

Regardless of the applicability of Hall v. United States (5th Cir. 1968), 403 F. 2d 649, under Rule 29(c) we have reviewed the record and consider the evidence ample to sustain the verdict. As pointed out in the original opinion, “After examining the record we feel the evidence was sufficient to support the conviction. The Selective Service file was *384 admitted and contains evidence upon which reasonable minds could conclude that the Appellant was guilty of the offense charged.” Hall was not determina-ative of this appeal.

The Petition for Rehearing is

Overruled.

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PER CURIAM.

Appellant’s Petition for Rehearing is predicated on the proposition that the Court overlooked Rule 29(c) of The Federal Rules of Criminal Procedure which expressly allows a motion for judgment of acquittal after return of the verdict regardless of whether such motion was made at an earlier stage of the trial.

Regardless of the applicability of Hall v. United States (5th Cir. 1968), 403 F. 2d 649, under Rule 29(c) we have reviewed the record and consider the evidence ample to sustain the verdict. As pointed out in the original opinion, “After examining the record we feel the evidence was sufficient to support the conviction. The Selective Service file was *384 admitted and contains evidence upon which reasonable minds could conclude that the Appellant was guilty of the offense charged.” Hall was not determina-ative of this appeal.

The Petition for Rehearing is

Overruled.

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419 F.2d 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donathan-garvin-kemp-v-united-states-ca5-1970.

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