United States v. Jerry Lucious Reid

469 F.2d 1094

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 6, 1972
• Docket: 72-2487
• Status: Published

Opinion

PER CURIAM:

In this appeal from a jury trial conviction for carrying on the business of a distiller without having given bond, in violation of 26 U.S.C. § 5601(a)(4), appellant contends (1) that his motion for acquittal was erroneously denied, (2) that it was plain error for the trial judge to instruct the jury that witnesses are presumed to testify truthfully, and (3) that it was plain error to admit certain hearsay testimony. We conclude that the trial court committed no reversible error; but our holding is not to be construed as approving an instruction to the jury that witnesses are presumed to testify truthfully. See Knapp v. United States, 5th Cir. 1963, 316 F.2d 794.

Affirmed.