Meyers v. United States, 7408.
| Decision Date | 08 February 1938 |
| Docket Number | No. 7408.,7408. |
| Citation | 94 F.2d 433 |
| Parties | MEYERS v. UNITED STATES. |
| Court | U.S. Court of Appeals — Sixth Circuit |
D. B. Frederick, of Detroit, Mich., for appellant.
L. M. Hopping, of Detroit, Mich. (John C. Lehr, of Detroit, Mich., on the brief), for the United States.
Before MOORMAN and HICKS, Circuit Judges, and RAYMOND, District Judge.
The indictment consisting of two counts charged that appellant conspired with Reuben Miller and divers other persons to violate the internal revenue laws of the United States. The first count charged conspiracy to possess, and cause to be possessed, certain stills and distilling apparatus, and the second charged conspiracy to make and ferment mash, wort, and wash. Upon trial by jury appellant was convicted. Reversal is sought upon the grounds that the court erred in denying the appellant's motion for directed verdict at the conclusion of the proofs and also in imposing consecutive sentences and cumulative fines.
The record discloses beyond question the commission of the substantive crimes, and leaves no doubt that several persons were carrying out a preconceived plan to violate the laws of the United States. The existence of a conspiracy is clearly established, and the only question is the connection of appellant with the unlawful plan. The jury having found guilt, slight evidence connecting a defendant with a conspiracy may be substantial and, if it is, is sufficient. See Galatas v. United States, 8 Cir., 80 F.2d 15; Marx v. United States, 8 Cir., 86 F.2d 245.
This court held in the case of Zottarelli v. United States, 6 Cir., 20 F.2d 795, that the appellate court, in determining after a conviction whether evidence was sufficient to support conviction, will not weigh the evidence or determine credibility of witnesses, but will take that view of the evidence, with inferences reasonably and justifiably to be drawn therefrom, most favorable to the government. Recognition of these principles brings the conclusion that there was substantial evidence of appellant's connection with the conspiracy to warrant submission of the issues to the jury and support the verdict.
Briefly stated, the record shows that respondent Miller, who was from the beginning in active charge of the unlawful operations, arranged for occupancy by a Mr. and Mrs. Walby of the first floor of the premises where the stills were later confiscated, and that they moved upon the premises February 2, 1934, under an arrangement for free rent, light, and gas. The premises consisted of...
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