Rehberg v. United States

Fifth Circuit

Rehberg v. United States

174 F.2d 121, 1949 U.S. App. LEXIS 2153

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 25, 1949

DocketNo. 12333

StatusPublished

Cited by4 cases

This text of 174 F.2d 121 (Rehberg 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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Rehberg v. United States, 174 F.2d 121, 1949 U.S. App. LEXIS 2153 (5th Cir. 1949).

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Opinion

PER CURIAM.

The conspiracy charged in the indictment was proved without fatal variance. Church was sufficiently shown to have been a conspirator rather than a mere buyer from them. There was no such confusion in the case as to require the Judge to charge without request as in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557, as explained in Blumenthal v. United States, 332 U.S. 539, 68 S.Ct. 248. The prosecution for violating Sugar Rationing Regulations was not abated by expiration of the Statute authorizing the Regulations. Carter et al. v. United States, 10 Cir., 173 F.2d 684, and Bowen v. United States, 5 Cir., 171 F.2d 533 recently decided in this Court. See also Act of July 30, 1947, Sect. 1, 61 Stat. 633.

Judgment affirmed.

174-F.2d — 8%

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PER CURIAM.

The conspiracy charged in the indictment was proved without fatal variance. Church was sufficiently shown to have been a conspirator rather than a mere buyer from them. There was no such confusion in the case as to require the Judge to charge without request as in Kotteakos v. United States, 328 U.S. 750, 66 S.Ct. 1239, 90 L.Ed. 1557, as explained in Blumenthal v. United States, 332 U.S. 539, 68 S.Ct. 248. The prosecution for violating Sugar Rationing Regulations was not abated by expiration of the Statute authorizing the Regulations. Carter et al. v. United States, 10 Cir., 173 F.2d 684, and Bowen v. United States, 5 Cir., 171 F.2d 533 recently decided in this Court. See also Act of July 30, 1947, Sect. 1, 61 Stat. 633.

Judgment affirmed.

174-F.2d — 8%

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174 F.2d 121, 1949 U.S. App. LEXIS 2153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rehberg-v-united-states-ca5-1949.

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