United States v. William Brown and Henry Davis

Second Circuit

United States v. William Brown and Henry Davis

297 F.2d 828, 1962 U.S. App. LEXIS 6281

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 8, 1962

Docket184, Docket 27214

StatusPublished

This text of 297 F.2d 828 (United States v. William Brown and Henry Davis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second 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. William Brown and Henry Davis, 297 F.2d 828, 1962 U.S. App. LEXIS 6281 (2d Cir. 1962).

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Opinion

PER CURIAM.

Appellant Davis was convicted on each of ten counts of substantive violations of 26 U.S.C. § 5604(a) (1), 26 U.S.C. § 5205(a), and 18 U.S.C. § 2, and, under 18 U.S.C. § 371, of conspiracy to violate those sections and 26 U.S.C. §§ 5121 and 5691. He was given concurrent sentences of 18 months on each of those counts. Appellant Brown was sentenced to imprisonment for 6 months on his conviction on the conspiracy count. Both waived jury trial and now appeal their convictions, arguing that there was insufficient evidence to make out a prima facie case as to either of them and that there was a fatal variance between indictment and proof on the conspiracy count in that a single conspiracy was alleged and at most the evidence tended to show two separate conspiracies.

We affirm the convictions in open court, holding both contentions to be wholly without support. There is ample evidence that Davis was the owner of a speakeasy, selling alcohol on which taxes had not been paid, that Brown was his chief lieutenant, and that they were engaged in a single conspiracy to conduct such an operation.

Affirmed.

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PER CURIAM.

Appellant Davis was convicted on each of ten counts of substantive violations of 26 U.S.C. § 5604(a) (1), 26 U.S.C. § 5205(a), and 18 U.S.C. § 2, and, under 18 U.S.C. § 371, of conspiracy to violate those sections and 26 U.S.C. §§ 5121 and 5691. He was given concurrent sentences of 18 months on each of those counts. Appellant Brown was sentenced to imprisonment for 6 months on his conviction on the conspiracy count. Both waived jury trial and now appeal their convictions, arguing that there was insufficient evidence to make out a prima facie case as to either of them and that there was a fatal variance between indictment and proof on the conspiracy count in that a single conspiracy was alleged and at most the evidence tended to show two separate conspiracies.

We affirm the convictions in open court, holding both contentions to be wholly without support. There is ample evidence that Davis was the owner of a speakeasy, selling alcohol on which taxes had not been paid, that Brown was his chief lieutenant, and that they were engaged in a single conspiracy to conduct such an operation.

Affirmed.

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Bluebook (online)

297 F.2d 828, 1962 U.S. App. LEXIS 6281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-brown-and-henry-davis-ca2-1962.

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