335 F.2d 237 (5th Cir. 1964), 21044, Newsom v. United States

Docket Nº:21044.
Citation:335 F.2d 237
Party Name:Lavonne NEWSOM, Appellant, v. UNITED STATES of America, Appellee.
Case Date:August 10, 1964
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 237

335 F.2d 237 (5th Cir. 1964)

Lavonne NEWSOM, Appellant,

v.

UNITED STATES of America, Appellee.

No. 21044.

United States Court of Appeals, Fifth Circuit.

Aug. 10, 1964

Pete White, Fowler Roberts, Dallas, Tex., for appellant.

Robert B. Ward, Asst. U.S. Atty., Barefoot Sanders, U.S. Atty., Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., for appellee.

Before HUTCHESON, PRETTYMAN [*] and JONES, Circuit Judges.

JONES, Circuit Judge.

Appellant was convicted of violating 26 U.S.C.A. § 4742(a) in June, 1961, and sentenced to five years imprisonment. The judgment was reversed, Newsom v. United States, 5th Cir. 1962, 311 F.2d 74, for reasons stated in the opinion. The appellant was again tried and convicted and was again given a five-year sentence. Two grounds are asserted on this appeal. We consider only the first: that the evidence was insufficient to make a jury issue and the motion for an acquittal should have been granted. On review, the evidence is to be regarded in the light 'most favorable to the Government.' Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680. So viewed, the evidence shows that on the afternoon of December 14, 1961, Fenlaw, a 'special employee' of the Narcotics Bureau, after a telephone conversation with a young lady at Guthrie's Club, called the Narcotics Bureau and talked with Agent English. That evening Fenlaw and English went to Guthrie's. There Fenlaw engaged in another conversation

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with the young lady. Fenlaw and English then went to Waffle House No. 1, some seven miles away. They sat in a booth, and drank coffee. Appellant and one Linton came into the Waffle House. Fenlaw had seen Linton before, but had never seen appellant. Linton asked Fenlaw to join him in another booth and appellant sat down with English. English testified that, although he tried to engage appellant in a conversation involving marijuana, he was unable to do so.

After a short time Fenlaw and Linton returned to the booth where English and appellant were sitting. Appellant and Linton left. Fenlaw sat down beside English. English searched Fenlaw and gave him $125.00. Fenlaw then proceeded to appellant's car which was parked almost directly in front of the Waffle House. Appellant and Linton were already in it. Appellant was behind the wheel and Linton in the middle. Fenlaw got in beside Linton. English returned to Fenlaw's car...

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