Willie Walker v. United States

254 F.2d 509, 1958 U.S. App. LEXIS 4037

Opinion

PER CURIAM.

Appellant was tried by jury and found' guilty under a four-count indictment, charging violations of internal revenue-laws pertaining to the illegal possession of distilled spirits and the illegal operation of a still. Sections 5174(a), 5606, 5216 and 5008(b), Title 26 U.S.Code.

Appellant’s chief contention on this, appeal is that the Government’s evidence was insufficient to identify him as the person engaged in such illegal operations. Although some of the evidence was circumstantial and not conclusive, we are of the opinion that the evidence-in its entirety was sufficient to take the ease to the jury on this issue and to sustain the verdicts.

We find no prejudicial error in the rulings of the District Judge complained of by appellant and no merit in appellant’s further contention that the remarks o-f the District Judge to appellant’s counsel in making certain rulings and in his instructions to the jury were unwarranted and prejudicial to the rights of the appellant.

It is ordered that the judgment be and is affirmed.