James Edward Chitwood, Jr. v. United States

Fourth Circuit

James Edward Chitwood, Jr. v. United States

226 F.2d 288, 47 A.F.T.R. (P-H) 1993, 1955 U.S. App. LEXIS 5018, 47 A.F.T.R. (RIA) 1993

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 4, 1955

Docket7035_1

StatusPublished

This text of 226 F.2d 288 (James Edward Chitwood, Jr. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James Edward Chitwood, Jr. v. United States, 226 F.2d 288, 47 A.F.T.R. (P-H) 1993, 1955 U.S. App. LEXIS 5018, 47 A.F.T.R. (RIA) 1993 (4th Cir. 1955).

Pincite

Opinion

PER CURIAM.

This is an appeal in a criminal case in which the accused was convicted of violation of the Internal Revenue laws in the removal of distilled spirits on which the tax had not been paid. The case was tried before a jury and the evidence showed that officers of the law chased an automobile which they suspected of being engaged in violating the law and .that, when they forced it to the curb, two men who had been riding in the car jumped from it and ran away. A quantity of untaxpaid liquor was found in the car and two fruit jars filled therewith fell from the car and were broken when the two occupants ran away. Appellant denied that he was in the car, but there was ample evidence to identify him as one of the men who -ran therefrom. He contends that there was not sufficient evidence to sustain the jury’s verdict of guilty because he was not shown to be the owner of the car or to *289 have had any interest in the liquor. The contention is frivolous. The fact that he was riding in a car filled with liquor and that he ran from the officers was ample evidence that he was aiding and abetting in the crime which was being committed whether he was the owner of the car or the liquor or not. Harding v. United States, 4 Cir., 182 F.2d 524; Windsor v. United States, 6 Cir., 286 F. 51; Rowan v. United States, 7 Cir., 277 F. 777; 20 Am.Jur. 1221. The complaint as to the charge of the court is absolutely without merit. The judge made it perfectly clear that mere presence of the appellant in the automobile would not make him guilty, if he had no proprietary interest and no part in the delivery, removing or concealing of the liquor. As the appeal presents no substantial question, the mandate will issue forthwith and will not be stayed pending application for rehearing or certiorari.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal in a criminal case in which the accused was convicted of violation of the Internal Revenue laws in the removal of distilled spirits on which the tax had not been paid. The case was tried before a jury and the evidence showed that officers of the law chased an automobile which they suspected of being engaged in violating the law and .that, when they forced it to the curb, two men who had been riding in the car jumped from it and ran away. A quantity of untaxpaid liquor was found in the car and two fruit jars filled therewith fell from the car and were broken when the two occupants ran away. Appellant denied that he was in the car, but there was ample evidence to identify him as one of the men who -ran therefrom. He contends that there was not sufficient evidence to sustain the jury’s verdict of guilty because he was not shown to be the owner of the car or to *289 have had any interest in the liquor. The contention is frivolous. The fact that he was riding in a car filled with liquor and that he ran from the officers was ample evidence that he was aiding and abetting in the crime which was being committed whether he was the owner of the car or the liquor or not. Harding v. United States, 4 Cir., 182 F.2d 524; Windsor v. United States, 6 Cir., 286 F. 51; Rowan v. United States, 7 Cir., 277 F. 777; 20 Am.Jur. 1221. The complaint as to the charge of the court is absolutely without merit. The judge made it perfectly clear that mere presence of the appellant in the automobile would not make him guilty, if he had no proprietary interest and no part in the delivery, removing or concealing of the liquor. As the appeal presents no substantial question, the mandate will issue forthwith and will not be stayed pending application for rehearing or certiorari.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

226 F.2d 288, 47 A.F.T.R. (P-H) 1993, 1955 U.S. App. LEXIS 5018, 47 A.F.T.R. (RIA) 1993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-edward-chitwood-jr-v-united-states-ca4-1955.

Opinion

Related

Cite This Page — Counsel Stack