Hargrove v. United States

Fifth Circuit

Hargrove v. United States

139 F.2d 1014, 1944 U.S. App. LEXIS 4168

Court of Appeals for the Fifth Circuit·Decided January 7, 1944·No. No. 10559·Published·Cited by 11 cases

Opinion

WALLER, Circuit Judge.

We are not triers of fact. The law, in its wisdom, does not authorize this, court to substitute the reactions as to the facts which it gains from a perusal of the cold, printed type for those of the lower court which saw and heard the witnesses, observed their demeanor on the stand, and thus was placed in far better position to know the true and false than this court; and where, as here, we cannot say that there was no substantial evidence upon which the verdict and judgment of the lower court was based, the verdict and judgment of the court below will not be disturbed.

Affirmed.

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WALLER, Circuit Judge.

We are not triers of fact. The law, in its wisdom, does not authorize this, court to substitute the reactions as to the facts which it gains from a perusal of the cold, printed type for those of the lower court which saw and heard the witnesses, observed their demeanor on the stand, and thus was placed in far better position to know the true and false than this court; and where, as here, we cannot say that there was no substantial evidence upon which the verdict and judgment of the lower court was based, the verdict and judgment of the court below will not be disturbed.

Affirmed.

Hargrove v. United States, 139 F.2d 1014, 1944 U.S. App. LEXIS 4168 (5th Cir. 1944).

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Opinion

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