Roman Roberson v. United States of America (Criminal)

Fifth Circuit

Roman Roberson v. United States of America (Criminal)

296 F.2d 130, 1961 U.S. App. LEXIS 3156

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 17, 1961

Docket19031

StatusPublished

This text of 296 F.2d 130 (Roman Roberson v. United States of America (Criminal)) 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

Roman Roberson v. United States of America (Criminal), 296 F.2d 130, 1961 U.S. App. LEXIS 3156 (5th Cir. 1961).

Pincite

Opinion

*131 PER CURIAM.

This appeal presents only an issue of fact. Appellant earnestly contends that there is not sufficient evidence to warrant a jury’s finding that he was guilty of possession or control of an unregistered distillery, the possession of 105 gallons of non-tax paid whiskey or of the other violations charged. Appellant contends that there was no substantial evidence to connect him with possession or control beyond his mere presence at the still. A careful reading of the record discloses that appellant, who testified in his own behalf, admitted working at the still. Testimony of officers who apprehended him while running away, following the raid, was to the effect that he admitted firing up the still and working there during the night, and appellant also admitted ownership of the only motor vehicle present at the still site. This same vehicle had been seen the night previous at a time when the still was in operation. There was ample evidence to support the jury’s finding.

The judgment is

Affirmed.

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

*131 PER CURIAM.

This appeal presents only an issue of fact. Appellant earnestly contends that there is not sufficient evidence to warrant a jury’s finding that he was guilty of possession or control of an unregistered distillery, the possession of 105 gallons of non-tax paid whiskey or of the other violations charged. Appellant contends that there was no substantial evidence to connect him with possession or control beyond his mere presence at the still. A careful reading of the record discloses that appellant, who testified in his own behalf, admitted working at the still. Testimony of officers who apprehended him while running away, following the raid, was to the effect that he admitted firing up the still and working there during the night, and appellant also admitted ownership of the only motor vehicle present at the still site. This same vehicle had been seen the night previous at a time when the still was in operation. There was ample evidence to support the jury’s finding.

The judgment is

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

296 F.2d 130, 1961 U.S. App. LEXIS 3156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-roberson-v-united-states-of-america-criminal-ca5-1961.