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

Court of Appeals for the Fifth Circuit·Decided November 17, 1961·No. 19031·Published

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.

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

Pincite

296 F.2d 130 (Roman Roberson v. United States of America (Criminal)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.