J. W. Brumley, Jr. v. United States

Fifth Circuit

J. W. Brumley, Jr. v. United States

379 F.2d 327, 1967 U.S. App. LEXIS 5984

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 16, 1967

Docket23375_1

StatusPublished

Cited by3 cases

This text of 379 F.2d 327 (J. W. Brumley, Jr. 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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J. W. Brumley, Jr. v. United States, 379 F.2d 327, 1967 U.S. App. LEXIS 5984 (5th Cir. 1967).

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Opinion

PER CURIAM:

Brumley raises three issues: the construction of the indictment, the sufficiency of the evidence, and the admissibility of evidence of similar acts to prove knowledge and intent. We have considered the entire record and hold that the indictment did not charge a conspiracy, that there was overwhelming evidence from which the jury could conclude that Brumley had violated 18 U.S.C. § 2314, and that, contrary to Brumley’s contention, the evidence presented by witnesses Willis and Van Treeve did tend to prove similar acts. The admissibility of such evidence to show knowledge or intent is beyond question. Weiss v. United States, 5 Cir. 1941, 122 F.2d 675, 682. The trial judge was particularly careful to instruct the jury on the limited admissibility of this evidence, even before it was admitted.

The judgment is affirmed.

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PER CURIAM:

Brumley raises three issues: the construction of the indictment, the sufficiency of the evidence, and the admissibility of evidence of similar acts to prove knowledge and intent. We have considered the entire record and hold that the indictment did not charge a conspiracy, that there was overwhelming evidence from which the jury could conclude that Brumley had violated 18 U.S.C. § 2314, and that, contrary to Brumley’s contention, the evidence presented by witnesses Willis and Van Treeve did tend to prove similar acts. The admissibility of such evidence to show knowledge or intent is beyond question. Weiss v. United States, 5 Cir. 1941, 122 F.2d 675, 682. The trial judge was particularly careful to instruct the jury on the limited admissibility of this evidence, even before it was admitted.

The judgment is affirmed.

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379 F.2d 327, 1967 U.S. App. LEXIS 5984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-w-brumley-jr-v-united-states-ca5-1967.

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