History
  • No items yet
midpage
Robert O'Neal v. United States
341 F.2d 581
5th Cir.
1965
Check Treatment

341 F.2d 581

Robert O'NEAL, Appellant,
v.
UNITED STATES of America, Appellee.

No. 21437.

United States Court of Appeals Fifth Circuit.

Feb. 12, 1965, Rehearing Denied March 19, 1965.

Sidney E. Lewis, Goldman, Presser & Lewis, Jacksonville, Fla., for appellant.

James H. Walsh, Asst. U.S. Atty., Jacksonville, Fla., Edward F. Boardman, U.S. Atty., Middle Dist. of Florida, for appellee.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DYER, District judge.

PER CURIAM:

1

We have carefully considered the contentions of the appellant dealing with the participation of the trial judge in the conduct of the trial, the admission into evidence of proof of the contents of the containers without accounting for their absence. Cf. Watson v. United States, 5 Cir., 224 F.2d 910, and the lack of sufficient evidence to take the case to the jury. We find no error on any of the grounds presented. As to the rule relating to the admissibility of oral testimony touching on the absence of stamps and the nature of the contents of the containers in 'moonshine' prosecutions, see our recent decision in Burney v. United States, 5th Cir., 339 F.2d 91, 1964.

2

The judgment is affirmed.

Case Details

Case Name: Robert O'Neal v. United States
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 19, 1965
Citation: 341 F.2d 581
Docket Number: 21437_1
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.