L. Buford Hall, L. Felton Hall, and Ernest W. Hall v. United States

330 F.2d 558

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 22, 1964
• Docket: 20631
• Status: Published

Opinion

PER CURIAM:

The three appellants were jointly indicted, tried, and convicted under a four count felony indictment in the Northern District of Georgia. Count I charged them with assaulting a federal officer with a deadly weapon, 18 U.S.C.A. § 111. Count II with the possession, custody, and control of an unregistered distillery, 26 U.S.C.A. § 5601(a) (1) ; Count III with making and fermenting mash on premises other than a registered distillery, 26 U.S.C.A. § 5601(a) (7); and Count IV with possession of a quantity of non-tax paid distilled spirits, 26 U.S.C.A. § 5205(a) (2) and 5604(a) (1). Pursuant to the finding of guilt on all counts, Buford Hall was sentenced to a period of five years, Felton Hall to a period of four years and Ernest Hall to-a period of two years. Summarized generally, the appellants claim error in the Court’s charge with respect to the use of a deadly weapon, failure to define or charge on the rule of self-defense, and the charge of the Court as to the presumption arising from the presence of the defendants at the distillery in question.

Upon a careful review of the record, we have reached the firm conclusion that each of the defendants was lawfully convicted under Counts I and IV of the indictment. The sentences imposed do not. exceed the maximum that could have been imposed under either Counts I or IV. In view of the foregoing conclusion, it is not necessary to reach a decision as to-the errors alleged with respect to the proof and conviction under Counts II and III. Morales v. United States (5th Cir. 1956), 228 F.2d 762; Walker v. United States (5th Cir. 1960), 285 F.2d 52; Gorman v. United States (5th Cir. 1963), 323 F.2d 51.

The judgment is affirmed.