United States v. Ruben Lee

487 F.2d 336, 1973 U.S. App. LEXIS 7069

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 12, 1973
• Docket: 73-2549
• Status: Published

Opinion

PER CURIAM:

In a jury trial, Lee was convicted on two counts of possession and distribution of heroin in violation of 18 U.S.C.A. § 2 and 21 U.S.C.A. § 841 (1970). We are wholly unpersuaded by Lee’s sole contention on appeal that the Government’s evidence adduced at trial was insufficient as a matter of law to allow the case to go to the jury.

During the trial, the accomplice, Vicki Ingraham, directly implicated Lee, and her testimony was corroborated in large measure by the two other prosecution witnesses. Inasmuch as In-graham’s testimony alone is sufficient to sustain Lee’s conviction, see United States v. Iacovetti, 5 Cir. 1972, 466 F.2d 1147,. 1153, her corroborated testimony obviously sufficed to send the case to the jury. See Glasser v. United States, 1941, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680; United States v. Hill, 5 Cir. 1973, 481 F.2d 929; United States v. Stephenson, 5 Cir. 1973, 474 F.2d 1353; United States v. Warner, 5 Cir. 1971, 441 F.2d 821; United States v. Andrews, 5 Cir. 1970, 427 F.2d 539.

Affirmed.