Tomplain v. United States

Fifth Circuit

Tomplain v. United States

42 F.2d 202, 1930 U.S. App. LEXIS 4256

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 30, 1930

Docket5614

StatusPublished

Cited by14 cases

This text of 42 F.2d 202 (Tomplain 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

Tomplain v. United States, 42 F.2d 202, 1930 U.S. App. LEXIS 4256 (5th Cir. 1930).

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Opinion

FOSTER, Circuit Judge.

Walton Tomplain, Nolan Tomplain, Bartoul Cheramie, and Natilus Alario were convicted on an indictment charging them and eleven others with conspiring to import, possess, and transport intoxicating liquor by means of a boat named the Isabel, and certain trucks and automobiles, in violation of the National Prohibition Act (27 USCA).

Error is assigned to the refusal of a directed verdict and to the overruling of a motion in arrest of judgment, both based upon the alleged insufficiency of the evidence.

The record shows positively that the Isabel, loaded with liquor, docked at Harry Bourg’s. landing on Grand Caillou bayou. A number of men and several automobiles were there, and a quantity of the liquor was unloaded. The vessel, five trucks, and some of the men were captured. The overt acts alleged were sufficiently proved.

It may be conceded that the evidence connecting the four appellants with the transaction was not as strong as it might have been and was disputed. However, we need not review it, as we cannot say, as a matter of law, there was no evidence at all to go before the jury. The conspiracy was conclusively established, and but slight evidence connecting the defendants was necessary. If the conflict was resolved in -favor of the government, it was sufficient to support the conviction. The question presented was essentially for the Jury.

The record presents no reversible error.

Affirmed.

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FOSTER, Circuit Judge.

Walton Tomplain, Nolan Tomplain, Bartoul Cheramie, and Natilus Alario were convicted on an indictment charging them and eleven others with conspiring to import, possess, and transport intoxicating liquor by means of a boat named the Isabel, and certain trucks and automobiles, in violation of the National Prohibition Act (27 USCA).

Error is assigned to the refusal of a directed verdict and to the overruling of a motion in arrest of judgment, both based upon the alleged insufficiency of the evidence.

The record shows positively that the Isabel, loaded with liquor, docked at Harry Bourg’s. landing on Grand Caillou bayou. A number of men and several automobiles were there, and a quantity of the liquor was unloaded. The vessel, five trucks, and some of the men were captured. The overt acts alleged were sufficiently proved.

It may be conceded that the evidence connecting the four appellants with the transaction was not as strong as it might have been and was disputed. However, we need not review it, as we cannot say, as a matter of law, there was no evidence at all to go before the jury. The conspiracy was conclusively established, and but slight evidence connecting the defendants was necessary. If the conflict was resolved in -favor of the government, it was sufficient to support the conviction. The question presented was essentially for the Jury.

The record presents no reversible error.

Affirmed.

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42 F.2d 202, 1930 U.S. App. LEXIS 4256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomplain-v-united-states-ca5-1930.

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