161 F.2d 511 | 5th Cir. | 1947
W. W. Watts was convicted on two counts of an information which charged that he had willfully and unlawfully sold certain automobiles at prices in excess of ceilings fixed by Maximum Price Regulation No. 540 as amended
The primary contentions of appellant are that the trial court abused its discretion in denying and overruling several motions filed preliminary to arraignment; that the evidence is insufficient to support the verdict; and that the charge of the court was so inadequate and fundamentally defective as to require a reversal of the case.
On September 26, 1946, an indictment in three counts was returned charging Watts with violations of the Emergency Price Control Act of 1942, as amended, and
The counts of the information fully and fairly apprised Watts of the charges against him and described with particularity the dates of the sales in August, 1946, the names of the purchasers, and the description and motor numbers of the automobile sold. The motion to dismiss the information was properly overruled, and there was no abuse of discretion in the court’s refusal to grant a bill of particulars. Hart v. United States, 5 Cir., 112 F.2d 128.
After the motions for a continuance, for dismissal of the information, and for a bill of particulars had been denied, defendant moved to stay the proceedings in order that he might file complaint against the Price Administrator in the Emergency Court of Appeals under Title 50-U.S.C.A. Appendix, § 924.
As to appellant’s contention that the evidence is insufficient to support the verdict of guilty on counts two and three of the information, we have carefully examined the entire record and have found the evidence abundantly sufficient to support the verdict on each count. As to count two, the record evidence shows that on August 5, 1946, Watts sold to C. T. Jackson a 1939 Model Chevrolet Tudor Town Sedan from a used car fot in Houston, Texas. The automobile was sold by Watts without warranty for $995.00 whereas the lawful “as
Appellant contends that the trial court, in its charge, failed and omitted to explain the offenses charged and give the law applicable to the facts of the case. It is true that the charge of the court is brief and not as detailed or explanatory as might have been desirable, but it does fairly cover the vital and essential elements of the case. The court outlined the offenses charged. He explained that the defendant was presumed to be innocent and that the burden was on the government to prove guilt beyond a reasonable doubt, defining and explaining the meaning of “reasonable doubt.” He further charged:
“Now, in the analysis of the offense charged, there are perhaps, briefly analyzed, three things that you must find beyond a reasonable doubt in order to find the defendant guilty on any or each, as the case may be, of the counts submitted to you * * * :
“The first is, do you find beyond a reasonable doubt that the defendant, W. W. Watts, did sell the automobile in question.
“And, secondly, if you find that he did sell it, do you find beyond a reasonable doubt that he sold it at a price over the ceiling price.
“And, thirdly, do you find beyond a reasonable doubt that he sold it over the ceiling price willfully.”
The court then went on to define the •words “sell” and “willfully,” and explained the weight to be given circumstantial evidence. The jury was furbished with forms for the verdict of either “guilty” or “not guilty.”
A careful review of the record discloses that there is abundant evidence to support the verdict. No reversible error appearing, the judgment is affirmed.
9 F.R. 6434.
The dted section provides that a defendant “may apply to the court in which the proceeding is pending for leave to file in the Emergency Court of Appeals a complaint against the Administrator, setting forth objections to the validity of any provision which the defendant is alleged to have violated. * * 4 The court 4 4 4 shall grant such leave with respect to any objection which it finds is made in good faith and with respect to which it finds there is reasonable and substantial excuse for the defendant’s failure to present such objection in a protest filed in accordance with Section 923a * * (Bold face supplied). Cf. United States v. Aronin, D.C., 57 F.Supp. 186.
The jury found the defendant not guilty on count one, the proof on which consisted largely of circumstantial evidenee.
Cf. Horsley v. United States, 5 Cir., 160 F.2d 43, where the trial court refused a specific request to charge on “good faith” as a defense.