Thaxton v. United States

Fifth Circuit

Thaxton v. United States

151 F.2d 533

Court of Appeals for the Fifth Circuit·Decided October 16, 1945·No. No. 11368·Published

Opinion

PER CURIAM.

The sole error urged is that a verdict of acquittal should have been directed under the evidence. As to the appellant Thaxton, the evidence is overwhelming of his guilt. As to the other two appellants, they are positively identified as having a part in the illegal operations by several witnesses. It was a question of fact for the jury as to whether they were participants in a conspiracy to carry on the enterprise.

No error appearing, the judgment is affirmed.

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PER CURIAM.

The sole error urged is that a verdict of acquittal should have been directed under the evidence. As to the appellant Thaxton, the evidence is overwhelming of his guilt. As to the other two appellants, they are positively identified as having a part in the illegal operations by several witnesses. It was a question of fact for the jury as to whether they were participants in a conspiracy to carry on the enterprise.

No error appearing, the judgment is affirmed.

Thaxton v. United States, 151 F.2d 533 (5th Cir. 1945).

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