United States v. Alvin McBride

Fifth Circuit

United States v. Alvin McBride

438 F.2d 517

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 10, 1971

Docket29957_1

StatusPublished

Cited by2 cases

This text of 438 F.2d 517 (United States v. Alvin McBride) 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

United States v. Alvin McBride, 438 F.2d 517 (5th Cir. 1971).

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Opinion

PER CURIAM:

Alvin McBride, defendant-appellant, was indicted and convicted on a two-count indictment charging him with stealing from foreign commerce thirteen bags of coffee, in violation of 18 U.S.C. § 659. We have carefully considered the briefs and the record. There is no merit to any of the appellant’s contentions. We note especially that there was probable cause to arrest the defendant and seize the coffee when the harbor police officer, Captain Allemand, observed the coffee in the rear of the parked truck which had been driven by the defendant. We hold also that the trial court committed no error (1) by allowing the defendant’s inculpatory statements to be admitted as evidence; (2) in his charge to the jury as to the inference to be drawn from the possession of recently stolen property; and (3) in denying the motion for judgment of acquittal.

The judgment is affirmed.

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PER CURIAM:

Alvin McBride, defendant-appellant, was indicted and convicted on a two-count indictment charging him with stealing from foreign commerce thirteen bags of coffee, in violation of 18 U.S.C. § 659. We have carefully considered the briefs and the record. There is no merit to any of the appellant’s contentions. We note especially that there was probable cause to arrest the defendant and seize the coffee when the harbor police officer, Captain Allemand, observed the coffee in the rear of the parked truck which had been driven by the defendant. We hold also that the trial court committed no error (1) by allowing the defendant’s inculpatory statements to be admitted as evidence; (2) in his charge to the jury as to the inference to be drawn from the possession of recently stolen property; and (3) in denying the motion for judgment of acquittal.

The judgment is affirmed.

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438 F.2d 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alvin-mcbride-ca5-1971.

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