Reid v. United States

Fifth Circuit

Reid v. United States

177 F.2d 300, 1949 U.S. App. LEXIS 3179

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 28, 1949

DocketNo. 12770

StatusPublished

This text of 177 F.2d 300 (Reid 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.

Bluebook

Reid v. United States, 177 F.2d 300, 1949 U.S. App. LEXIS 3179 (5th Cir. 1949).

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Opinion

PER CURIAM.

Charged by indictment with conspiring with others named and unnamed to violate Title III, Sec. 2(a) of the Second War Powers Act, 50 U.S.C.A.Appendix, [301]*301§ 633, Gasoline Ration Order No. S-C, as amended, and General Ration Order No. 8, as amended, appellant is here insisting that circumstances relied on to convict him are not sufficient within the rule laid down in Kassin v. United States, 5 Cir., 87 F.2d 183, and other similar cases. Selecting from the mass of the evidence, as it affected the other defendants, the bits of evidence relied on to connect him with the conspiracy, appellant urges with confidence that he was convicted not upon evidence but upon suspicion.

The United States, in its brief, while pointing to no other facts than those referred to by appellant, vigorously insists that they are sufficient to sustain the verdict.

We do not think so. A careful examination of the record convinces us that appellant is right in his claim that the circumstances set out in his brief are the only ones dealing with or touching on him, and that he is also right in his contention that these circumstances are not sufficient to sustain the verdict. -

The judgment is, therefore, reversed and the cause is remanded for further and not inconsistent proceedings.

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PER CURIAM.

Charged by indictment with conspiring with others named and unnamed to violate Title III, Sec. 2(a) of the Second War Powers Act, 50 U.S.C.A.Appendix, [301]*301§ 633, Gasoline Ration Order No. S-C, as amended, and General Ration Order No. 8, as amended, appellant is here insisting that circumstances relied on to convict him are not sufficient within the rule laid down in Kassin v. United States, 5 Cir., 87 F.2d 183, and other similar cases. Selecting from the mass of the evidence, as it affected the other defendants, the bits of evidence relied on to connect him with the conspiracy, appellant urges with confidence that he was convicted not upon evidence but upon suspicion.

The United States, in its brief, while pointing to no other facts than those referred to by appellant, vigorously insists that they are sufficient to sustain the verdict.

We do not think so. A careful examination of the record convinces us that appellant is right in his claim that the circumstances set out in his brief are the only ones dealing with or touching on him, and that he is also right in his contention that these circumstances are not sufficient to sustain the verdict. -

The judgment is, therefore, reversed and the cause is remanded for further and not inconsistent proceedings.

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177 F.2d 300, 1949 U.S. App. LEXIS 3179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reid-v-united-states-ca5-1949.

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